IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Crl.MC.No. 2000 of 2009(B) ----------------------------------- (O.R. No.2/2009 OF POTHUKKAL FOREST STATION) .................... PETITIONER(S): PETITIONER ------------------------------------------ MANZOOR ALI, S/O. MOHAMMED, REPRESENTED BY POWER OF ATTORNEY HOLDER, P.ABDUL AZEEZ, S/O. MOHAMMED, POOLPADAN HOUSE, EDAKKARA P.O., MALAPPURAM DISTRICT. (VEHICLE BEARING REG.NO.KL-17/B 2056 (LMV GOODS CARRIAGE) BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DIVISIONAL FOREST OFFICER, NILAMBUR NORTH DIVISION, NILAMBUR. R1 & R2 BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. =================== Crl.M.C. No. 2000 of 2009-B =================== Dated this the 30th day of June, 2009. O R D E R As per order in Crl.M.C.No.1553/2009 (Annexure A) dated 22-5-2009 the Divisional Forest Officer, Nilambur was directed to release the vehicle No.KL-17B-2056 seized by the Forest Range Officer, Vazhikkadavu on 27-2-2009, on executing a bond undertaking not to transfer the vehicle and to produce the same as and when required and on furnishing security to his satisfaction. Under Annexure C letter petitioner was directed to furnish bank guarantee for Rs.2.5 lakhs. This petition is filed under Section 482 of Code of Criminal Procedure to quash the said direction, contending that Annexure B letter of the Assistant Executive Engineer, PWD Mechanical Sub Division, Kozhikode to the Divisional Forest Officer, Nilambur dated 8-6-2009 shows that vehicle would fetch only a value of Rs.1.25 lakhs and in such circumstances direction to furnish bank guarantee of Rs.2.5 lakhs is excessive and harsh. Crl.M.C.No.2000/2009-B -2- 2. Learned Counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. When this court directed the Divisional Forest Officer to release the vehicle on furnishing security to the satisfaction of the Forest Officer, security to be furnished should be reasonable and cannot be excessive. When Annexure B shows that the value of the vehicle is only Rs.1.25 lakhs, the direction to furnish bank guarantee for Rs.2.5 lakhs is excessive and harsh. In such circumstances, the Divisional Forest Officer, Nilambur is directed to release the vehicle as provided under Annexure A order on furnishing a bank guarantee for Rs.1.50 lakhs before the Divisional Forest Officer. M.SASIDHARAN NAMBIAR JUDGE dkr