IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 3987 of 2008() ------------------------- OR NO. 6/08 OF THENMALA FOREST RANGE, KOLLAM CRMP.3981/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES), PUNALUR .................... PETITIONER(S): --------------- SABIYATHUBEEVI, AGED 36 YEARS, W/O. IBRAHIMKUTTY, NAVAS MANZIL, ANDOORPACHA, URUKUNNU MURI, EDAMON VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKLAM. BY PUBLIC PROSECUTOR SRI. AMJATH ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3987 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2008 O R D E R The petitioner's vehicle was allegedly involved in the transportation of river sand belonging to the Government from a Reserve forest. The vehicle was seized. The petitioner applied for release of the vehicle, which was directed to be released subject to conditions. The petitioner is aggrieved by one condition imposed that he must furnish bank guarantee for an amount of Rs.1,00,000/- The learned counsel for the petitioner submits that the said condition is unnecessary and unjust. The counsel prays that the said condition may be deleted. 2. The learned Prosecutor opposes the application. He submits that there is need to impose adequate and strict conditions to deter the petitioner again from the use of the vehicle for identical purposes while in his custody. 3. After discussions at the Bar, I am satisfied that the condition that the petitioner must furnish a bank guarantee for Crl.M.C.No. 3987 of 2008 2 Rs. 1,00,000/- can be modified and appropriate alternate condition can be imposed in its place. 4. This Crl.M.C. is allowed. The condition that the petitioner must furnish bank guarantee to the tune of Rs.1,00,00/- is modified. He shall deposit an amount of Rs.35,000/- as cash security before the court below and on deposit of such amount, the condition that the petitioner must furnish bank guarantee for Rs.1,00,000/- shall stand deleted. (R. BASANT) Judge tm