IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Crl.MC.No. 2778 of 2009 --------------------------------------- CMP.147/2009 of JFCM, KOTHAMANGALAM .................... PETITIONER/PETITIONER: P.J.JOSE, S/O.JOSEPH, PULINTHANATH HOUSE, PERUMANOOR, KOTHAMANGALAM. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT/RESPONDENTS: 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RANGE OFFICER, KOTHAMANGALAM FOREST RANGE, KOTHAMANGALAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2778 of 2009 -------------------------- ORDER As per Annexure-10 order in C.M.P.No.147/2009 in O.R.No.1/2009 of Kothamangalam Forest Range Office, Judicial First Class Magistrate, Kothamangalam granted interim custody of the teakwood articles seized by the forest officials on conditions. Petitioner was directed to execute a bond for Rs.1,50,000/- with two solvent sureties each for the like sum and also to furnish cash security or bank guarantee for Rs.1,50,000/-. This petition is filed under Section 482 of Code of Criminal Procedure to quash the condition to furnish cash security or bank guarantee for Rs.1,50,000/-. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner pointed out that as per Annexure-5 mahazar prepared CRMC 2778/09 2 at the time of seizure, value of the wooden articles was fixed at Rs.50,000/- and in such circumstances, learned Magistrate was not justified in directing the petitioner to furnish cash security or bank guarantee for Rs.1,50,000/- and to that extent, the order is to be modified. 4. Learned Public Prosecutor submitted that the value stated in Annexure-5 mahazar is only a rough estimate made at the time of seizure. 5. Annexure-10 order does not show on what basis, learned Magistrate has fixed Rs.1,50,000/- as the amount for which cash security or bank guarantee is to be furnished. True, when forest products are released on interim custody, Magistrate is justified in directing petitioner either to make cash deposit or furnish bank guarantee for the value of the articles. When Annexure-5 mahazar, which is the only basis for fixing the value, shows that value of the wooden articles seized is estimated at Rs.50,000/-, CRMC 2778/09 3 learned Magistrate was not justified in directing the petitioner to offer cash security or bank guarantee for Rs.1,50,000/-. To that extent, Annexure-10 order warrants modification. Petition is allowed. Annexure-10 order is modified to the extent of reducing the cash security or bank guarantee to be furnished to Rs.50,000/- instead of Rs.1,50,000/-. 30th September, 2009 (M.Sasidharan Nambiar, Judge) tkv