IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Crl.MC.No. 3840 of 2008() ------------------------- MP.3373/2008 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVUR CRIME NO.439/08 OF THE VADAKKEKARA POLICE STATION .................... PETITIONER(S): --------------- SATHEESAN, S/O.MUKUNDAN, KUTTIPPILLY VEEDU, THANNIPADAM, MANNAM P.O BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3840 of 2008 ------------------------------------------------- Dated this the 22nd day of October, 2008 ORDER By the impugned order, a country boat allegedly used for illicit transportation of river sand was directed to be released to the petitioner on condition, inter alia, that he must deposit an amount of Rs.15,000/-. The learned counsel for the petitioner submits that the said condition is too onerous and he is unable to comply with the same. The condition for deposit of the amount may be set aside or, at least, the amount of deposit may be suitably reduced, submits the learned counsel for the petitioner. The learned counsel for the petitioner submits that already there is a direction to execute a bond for Rs.2 lakhs with two solvent sureties, though the value of the boat will be significantly less. The learned counsel for the petitioner further points out that the maximum amount of fine Crl.M.C. No. 3840 of 2008 -: 2 :- under Sec.20 of the Kerala Protection of River Banks of Regulation of Removal of Sand Act is only Rs.25,000/- and even in respect of costly lorries etc., only an amount of Rs.25,000/- is insisted to be deposited as cash security. In these circumstances, the condition for deposit may be set aside or, at least, the amount may be reduced, urges the counsel. 2. The learned Public Prosecutor submits that the boat has a length of 13 Mtrs., width of 3 ½ Mtrs. and can carry a maximum of 3 lorry loads of sand. Such a boat will be worth about Rs.68,000/-, it is submitted. 3. I have considered all the relevant circumstances. I am satisfied that the amount of cash security directed to be deposited can be reduced to Rs. 7,500/-. All other conditions shall remain. 4. This Crl.M.C. is allowed to the above extent. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3840 of 2008 -: 3 :-