IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Crl.MC.No. 728 of 2010(A) ------------------------------------ [CRL.M.P.NO.421/2010 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KOLLAM] .................... PETITIONER/PETITIONER: -------------------------------------- VIJAYAKUMAR, S/O.BALAKRISHNAN, THOTTINKARA VEETTIL, AYATHI, KOLLAM DISTRICT. BY ADV. MR.C.RAJENDRAN. RESPONDENT/RESPONDENT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.728 OF 2010 ------------------------------------------ Dated 22nd March 2010 O R D E R By Annexure-A3 order Judicial First Class Magistrate-II, Kollam granted interim custody of vehicle KL-2.AA.6737 seized in crime No.932/2009 of Kottiyam police station on conditions. Aggrieved by the direction to deposit a cash security of Rs.2,00,000/- in addition to a bond for Rs.3,00,000/-, this petition is filed under Section 482 of Code of Criminal Procedure to quash those conditions. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Argument of the learned counsel is that the direction to deposit Crmc 728/10 2 Rs.2,00,000/- is too harsh, when the vehicle is an old one and will not fetch that much value in open market. It is also submitted that there is no justification to direct cash security. 4. Learned Magistrate has not shown on what basis petitioner was directed to deposit Rs.2,00,000/- as cash security. 5. Petition is allowed. Annexure-A3 order is quashed. Judicial First Class Magistrate-II, Kollam is directed to get valuation of the vehicle KL-2.AA-6737 and then directs the petitioner to furnish either cash security or bank guarantee or any other sufficient security, for that amount and release the vehicle. M.SASIDHARAN NAMBIAR, JUDGE. uj.