IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.MC.No. 3574 of 2008() ------------------------- CMP.5166/2008 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... PETITIONER(S): PETITIONER ------------------------- K.J.ROY, AGED 42 YEARS, S/O.K.A.JOSEPH, KOCHANAPARAMBU, THALAYOLAPARAMBU P.O., VADAYAR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.M.A.FIROSH RESPONDENTS(S): RESPONDENT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM, REPRESENTED BY SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3574 of 2008 ---------------------------------------- Dated this the 24th day of September 2008 O R D E R The petitioner, whose country boat allegedly involved in violation of the provisions of 'The Kerala Protection of River Banks and Regulation of Removal of Sand Act has been directed to be released to him under Section 457 Cr.P.C, has come to this court with the grievance that the condition of deposit of Rs.20,000/- imposed on him is onerous. Admittedly, confiscation proceedings is not complete and no amount has been paid in any such proceedings. 2. I have heard the learned counsel for the petitioner and learned Public Prosecutor. I am satisfied that this petition can be allowed in part and the amount of cash security can be suitably reduced. 3. In the result, a) This Crl.M.C is allowed. b) Condition in the impugned order that the petitioner must deposit cash security of Rs.20,000/- is modified. Crl.M.C.No.3574/08 2 The amount of cash security is reduced to Rs.12,500/-. If the petitioner proves that the confiscation proceedings are over and the penalty imposed in such proceedings has been deposited by the petitioner, the cash security shall be released to the petitioner by the learned Magistrate. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3574/08 3 Crl.M.C.No.3574/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008