IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 Crl.MC.No. 1064 of 2009 ---------------------------------- CMP.NO.350/2009 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI. .................... PETITIONER/ PETITIONER: -------------------------------------- K.PUSHPARAJ S/O. RAMAN, KOLAKUNNATH HOUSE, RAYIRIMANGALAM, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT/ RESPONDENT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, TANUR, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1064 OF 2009 = = = = = = = = = = = = = = = Dated this the 30th day of March, 2009. O R D E R This petition is filed with a prayer to set aside the order passed u/s 451 Cr.P.C. in CMP 350/09. The vehicle of the petitioner is involved in the transport of illicit arrack and the Court below directed release of the vehicle subject to the confiscation proceedings on condition that the petitioner deposits an amount of Rs.25,000/- or furnish bank guarantee for that amount. Anyhow the offence involved is transport of illicit liquor namely arrack which is prohibited under law. The very order of the Court would show that the confiscation proceedings is contemplated and is being taken. When it is so under the rules it requires furnishing of guarantee or deposit of the amount. Considering the facts and circumstances the only modification I want to make is to reduce the amount from Rs.25,000/- to Rs.20,000/-. He can either deposit the amount or furnish bank guarantee for that amount and all other directions in the order is retained. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-