IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 Crl.MC.No. 62 of 2009() ----------------------- CRMP.3973/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, OTTAPPALAM .................... PETITIONER(S): --------------- P.SIVADASAN, S/O.SANKUNNI, PANANCHIRI HOUSE, PARUTHIPARA, SHORANUR, PALAKKAD. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): --------------- STATION HOUSE OFFICER, OTTAPALAM POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 62 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of January, 2009 O R D E R The petitioner's vehicle, which was allegedly involved in the commission of an offence under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, was seized by the police, but was directed to be released to the petitioner subject to conditions as per Annex.I order dt.1.12.2008. The petitioner is aggrieved by the condition that an amount of Rs.50,000/- must be deposited before the learned Magistrate to enable him to claim release of the vehicle. 2. Learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that this being even allegedly only the first instance of violation of the provisions of the Act, the deposit amount can, consistent with the practice adopted by this Court, be reduced to Rs.25,000/- Condition No.2 imposed as per the impugned order shall hence Crl.M.C.No. 62 of 2009 2 stand modified. The petitioner need deposit only an amount of Rs.25,000/- All other conditions shall remain in force. 3. This Crl.M.C. is allowed in part. The said condition is accordingly modified. 4. Hand over the order. (R. BASANT) Judge tm