IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Crl.MC.No. 3222 of 2008() ------------------------- CRMP.1967/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT- II,PATHANAMTHITTA ..................................... (CRIME NO.191/08 OF KOIPURAM POLICE STATION) PETITIONER/ACCUSED: ------------------------------------ DINESH KUMAR, ADIMURIYIL VEEDU, KANJETTUKARA VILLAGE, AYIROOR VILLAGE. BY ADV. SRI.AJITH MURALI RESPONDENT:STATE: ---------------------------------- STATE OF KERALA REPRESENTED BY THE PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3222 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of September, 2008 O R D E R The petitioner's vehicle, which is allegedly involved in an offence punishable under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, was seized by the police and the petitioner applied for release. The learned Magistrate rejected the same on the ground that the same vehicle was earlier involved in an identical crime and was released to the petitioner, subject to conditions. A crime in respect of the earlier incident was registered and that case is pending even now. It is not safe to release the vehicle to the petitioner, who had taken release of the vehicle on the earlier occasion subject to conditions, it was held. The learned Magistrate, in these circumstances, dismissed the application. 2. The learned counsel for the petitioner submits that on neither occasion the offence has been committed, though a prosecution in respect of the earlier instance is pending. He is Crl.M.C.No. 3222 of 2008 2 not an accused in respect of either incident and in these circumstances the vehicle may be directed to be released to the petitioner subject to appropriate conditions. The learned counsel further submits that the vehicle, which was taken into custody on 18.5.2008, is exposed to sun and rain and the same is likely to suffer damage and deterioration. In these circumstances it is prayed that subject to any appropriate condition, which this court feels proper, the vehicle may be directed to be released to the petitioner. 3. Having considered all the relevant inputs, I am satisfied that in the light of the dictum in Sunderbhai Ambalal Desai v. State of Gujarat (SC 2003 (2) KLT 1089) the vehicle can be directed to be released to the petitioner subject to appropriate and strict conditions. Such conditions should be imposed which shall deter the petitioner from making use of the vehicle for repetition of the commission of the offence. 4. In the result: a) This Crl.M.C. is allowed. b) The impugned order is set aside. Crl.M.C.No. 3222 of 2008 3 c) The vehicle shall be released to the petitioner on the following terms and conditions: i) He shall execute a bond for the amount equal to the value of the vehicle as may be determined by the learned Magistrate. ii) He shall produce bank guarantee for such amount as security for the bond executed. iii) In the bond he shall undertake that the vehicle shall not be used for commission of any crime under the Kerala Protection of River Banks and Regulation of Removal of Sand Act while it is in his custody. (R. BASANT) Judge tm