IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Crl.MC.No. 225 of 2008() ---------------------------- CRIME NO. 219/2007 of KOIPURAM POLICE STATION CRL. M.P. NO. 3959/2007 of J.F.M.C. NO. II, PATHANAMTHITTA PETITIONER: PETITIONER; ----------------------- OMANA MOHANAN, THENMOOTUMANNIL VEEDU, PULLAD MURI, THOTTAPPUZHASSERI VILLAGE BY ADV. SRI.V.SETHUNATH RESPONDENTS: RESPONDENTS: ------------------------- 1. THE SUB INSPECTOR OF POLICE, KOIPURAM POLICE STATION. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.C. SANTHOSH KUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 225 of 2008 ========================== Dated this the 18th day of January, 2008. ORDER The mini lorry of which the petitioner is the registered owner bearing registration No. KL-05-F4 392 involving crime No. 219/2007 of Koipuram Police Station for offences punishable under Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 was directed to be released on interim custody by the Judicial First Class Magistrate-II, Pathanamthitta as per Annexure I order dated 27.07.2007 in Crl. M.P. No. 3959/2007. One of the conditions imposed by the learned Magistrate is that the petitioner should furnish a bank guarantee for Rs.95,000/-. That condition seems to be an onerous condition and not consisted with the orders passed by this Court granting interim custody. Accordingly, instead of the said condition, the petitioner shall make a cash deposit of Rs.25,000/-(Rupees twenty five thousand only) or furnish bank guarantee for the said amount and shall execute a bond for Rs.95,000/-(Rupees ninety five thousand only) with two solvent sureties each for the like amount and undertaking further that the vehicle shall not be transferred wholly or in part to any other person. This Crl. M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv