IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Crl.MC.No. 3440 of 2008() ------------------------- PERUMPETTY POLICE STATION, JFCM COURT, THIRUVALLA PETITIONER: ------------ T.S. SHIYADU, AGED 35 YEARS, S/O.M.M. SIDDIQUE RAWUTHER, THUNDIYIL HOUSE, VAIPUR.P.O, KOTTANGAL VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.MANOJ KUMAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PERUMPETTY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3440 of 2008 ---------------------------------------- Dated this the 22nd day of September 2008 O R D E R A vehicle belonging to the petitioner was seized on the allegation that it was involved in commission of the offence punishable under 'The Kerala Protection of River Banks and Regulation of Removal of Sand Act'. According to the petitioner, he is the owner of the vehicle. The vehicle has not been produced before the learned Magistrate. Though the petitioner had received notice from the District Collector nothing further has been done in the matter. The vehicle remains in the custody of the authorities. The vehicle is exposed unnecessarily to sun and rain. The petitioner has not approached the learned Magistrate so far. Subject to any appropriate conditions, the vehicle may be directed to be released to the petitioner, it is submitted. 2. The learned Public Prosecutor, after taking instructions, submits that it is true that the vehicle remains in the custody of the District Collector, Pathanamthitta from February 2008. The petitioner has not taken any steps to claim release of the vehicle and it is in these circumstances that the vehicle remains in the custody of the revenue authorities. It is Crl.M.C.No.3440/08 2 kept at the police station. Crime No.5/08 was registered. Final report has already been filed. Cognizance has been taken as C.C.No.157/2008 by the learned Judicial First Class Magistrate Court, Thiruvalla. In these circumstances, the learned Public Prosecutor submits that the State has no objection against the release of the vehicle. Subject to appropriate safeguards the vehicle can be released to the petitioner. 3. Notwithstanding the fact that the petitioner has not moved the learned Magistrate earlier, I am satisfied in the facts and circumstances of this case that appropriate directions can be issued to the learned Magistrate. The learned Public Prosecutor does not oppose the same and only requests that appropriate safeguards may be insisted and it may be ensured that the petitioner shall be obliged to deposit Rs.25,000/-. 4. Having considered all the relevant circumstances I am satisfied that the vehicle can be directed to be released to the petitioner subject to appropriate terms and conditions. 5. In the result, a) This Crl.M.C is allowed. b) Vehicle No.KL3/M 2421 which is now in the custody of the police and which is involved in crime No.5/08 Crl.M.C.No.3440/08 3 (C.C.No.157/08) before the learned J.F.C.M, Thiruvalla, crime No.5/08 of Perumpetty police station shall be released to the petitioner on the following terms and conditions: i) The petitioner shall produce before the learned Magistrate all documents to show that he is the person entitled to possession of the vehicle. ii) He shall execute a bond for an amount equal to the value of the vehicle as may be determined by the learned Magistrate with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioner shall deposit an amount of Rs.25,000/- (Rupees twenty five thousand only)before the learned Magistrate which amount shall be released to the petitioner on condition that he proves that the proceedings before the District Collector for confiscation are over and that he has paid such amounts, if any, as may be directed by the District Collector to pay under the provisions of the 'The Kerala Protection of River Banks and Regulation of Removal of Sand Act'. (R.BASANT, JUDGE) jsr Crl.M.C.No.3440/08 4 Crl.M.C.No.3440/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008