IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 Crl.MC.No. 2524 of 2008() ------------------------- CRIME NO. 307/08 OF PATHANAPURAM POLICE STATION PETITIONER: ------------ BALACHANDRA KURUP, S/O.BALAKRISHNA KURUP LAKSHMI BHAVAN, PLAMUTTATHIL MELATHIL MANNALAM , ADOOR. BY ADV. SRI.S.MUHAMMED HANEEFF SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS: ------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, CRIME NO.307/2008 REP. BY ITS PUBLIC ROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2524 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2008 O R D E R The petitioner's vehicle was allegedly involved in the commission of the offence punishable under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. The vehicle was seized. The petitioner approached the learned Magistrate. The learned Magistrate directed that the vehicle be released to the petitioner under Section 451 Cr.P.C. The petitioner is aggrieved by condition No.5 imposed by the learned Magistrate that in addition to execution of bond for Rs. 2 lakhs, the petitioner must produce bank guarantee for Rs.80,000/- According to the petitioner he is unable to produce bank guarantee. He shall execute a bond for the requisite amount with two solvent sureties. He may be saved of the trauma of securing bank guarantee, which condition, if insisted, would virtually make it impossible for the petitioner to claim release of the vehicle. Crl.M.C.No. 2524 of 2008 2 3. The learned Prosecutor, after discussions at the Bar, submits that as it is done usually by this Court insistence may be made on execution of a bond for appropriate amount with two solvent sureties. There need not be a direction to produce bank guarantee, provided the petitioner is directed to deposit an amount of Rs.25,000/- as security, which amount can be released to the petitioner if he satisfies the learned Magistrate that proceedings for confiscation of the Kerala Protection of River Banks and Regulation of Removal of Sand Act are over and he has deposited the amount, if any, directed to be paid under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. 4. I am, in these circumstances, satisfied that condition No.5 can be modified. The said condition is modified and it is directed that the petitioner must execute a bond for an amount equal to the value of the vehicle as ascertained by the learned Magistrate and on the further condition that he deposits an amount of Rs.25,000/- as cash security before the learned Magistrate. As indicated earlier, if the Crl.M.C.No. 2524 of 2008 3 compensation amount, if any, fixed after termination of the proceedings under the Kerala Protection of River Banks and Regulation of Removal of Sand Act by the Revenue Authorities is deposited, this amount of Rs.25,000/- shall be released to the petitioner. (R. BASANT) Judge tm