IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 Crl.MC.No. 623 of 2011() ------------------------ CMP NO.57/2011 OF PALODE FOREST RANGE. PETITIONER/ PETITIONER/ACCUSED --------------------------------- ARUN, AGED 23 YEARS, S/O. RAJU, INCHAMANPURATHU VEEDU, ANAPPARA, VITHURA VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT/COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR : ADV SRI K H MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.623 of 2011 --------------------------------------- Dated this 22nd day of March, 2011 ORDER Petitioner is the fourth accused in O.R.No.32 of 2010 of Palode Forest Range Office for offences punishable under the Forest Act and the Wild Life Protection Act. On 18.11.2010 petitioner carried three persons in the Autorikshaw driven by him. Forest officials intercepted that vehicle and seized 3kgs of meat of lizard (an animal allegedly coming within the purview of the Wild Life Protection Act). Vehicle also was seized. Petitioner filed application before the learned Judicial First Class Magistrate-II (Forest Offences), Punalur (C.M.P.No.57 of 2011) for interim custody of the vehicle. Learned Magistrate allowed the application subject to the condition that petitioner produced bank guarantee for `.40,000/-. Learned counsel submitted that petitioner is not in a position to produce bank guarantee for the amount. Hence it is prayed that the condition may be modified. I have heard learned Public Prosecutor also. 2. Learned Magistrate has thought it fit to release the vehicle to the petitioner by way of interim custody. Question is whether petitioner should produce bank guarantee for `.40,000/-. Crl.M.C.No.623 of 2011 -: 2 :- Having regard to the difficulties stated by petitioner I am inclined to think that the said condition can be modified. Resultantly this criminal miscellaneous case is allowed to the extent that the direction for production of bank guarantee ordered by the learned Magistrate is lifted. Instead, it is directed that petitioner shall execute bond for `.40,000/- with two solvent sureties for the like sum each to the satisfaction of learned Magistrate. Sureties shall produce attested photocopy of their title deeds along with recent receipt for payment of revenue of the property offered as security. Other conditions imposed by the learned Magistrate will remain in force. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge