IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Crl.MC.No. 2515 of 2008() ------------------------- CMP.428/2008 of J.F.C.M-I, PERINTHALMANNA CRL.M.C.NO.1024 OF 2008 OF THIS COURT .................... PETITIONER: PETITIONER ---------------------- ABOOBACKER, S/O.MARAKKAR, VAZHAMPATTA HOUSE, ELADU P.O., MUTHUKURUSSI, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, PANDIKKAD THROUGH THE GOVERNMENT PLEADER AT HIGH COURT OF KERALA. 2. THE SPECIAL SQUAD, REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2515 of 2008 ------------------------------------- Dated this the 8th day of July, 2008 ORDER Petitioner's vehicle was allegedly involved in acts in violation of the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The vehicle was directed to be released to the petitioner as per the order of this Court dated 07.03.08 in Crl.M.C.No.1024 of 2008. The vehicle was released subject to conditions. The petitioner had made a cash deposit of Rs.25,000/- before the learned Magistrate as condition for release of the vehicle. No crime has been registered and no proceedings are pending before the court or the police. The revenue authorities had initiated proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and the said proceedings has now come to an end. The petitioner has been directed to pay amounts in view of confiscation and such amounts have already been paid by the petitioner before the revenue authorities. It is, in these circumstances, that the petitioner prays that the amount of Rs.25,000/- remaining in deposit may be released to the petitioner. Crl.M.C. No.2515 of 2008 2 2. The learned Public Prosecutor, after taking instructions, submits that the above submissions are correct and the State has no objection against the release of the cash deposit of Rs.25,000/- by the learned Magistrate in favour of the petitioner. 3. I am, in these circumstances, satisfied that the prayer of the petitioner can be allowed. 4. In the result: i) This Crl.M.C is allowed; ii) The amount of Rs.25,000/- (Rupees Twenty five thousand only) deposited by the petitioner before the learned Magistrate as per order of this Court dated 07.03.08 in Crl.M.C.1024 of 2008 shall now be released to the petitioner. (R.BASANT, JUDGE) rtr/-