IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 Crl.MC.No. 2976 of 2008() ------------------------- CRMP.1733/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA .................... PETITIONER: ------------ POOVATHI SULAIMA, S/O MUHAMMED, POOVATHI HOUSE, NENMINI AMSOM, THACHINGANADAM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CR.NO.86 FO 2008 OF MELATTUR POLICE STATION). BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2976 of 2008 ---------------------------------------- Dated this the 12th day of August 2008 O R D E R The petitioner's vehicle, a mini lorry has been seized by the police on the allegation that the same was used for the commission of the offence punishable under the Mines and Minerals (Development and Regulation) Act, 1957. The petitioner applied for release of the vehicle. The vehicle was released to the petitioner by the learned Magistrate subject to conditions. The petitioner is aggrieved by one condition in the said order. That condition obliges the petitioner to deposit an amount of Rs.25,000/- as cash security. The petitioner contends that this condition is unnecessarily and unduly onerous and imposition of such an onerous condition is not justified in the facts and circumstances of this case. 2. According to the petitioner, on 13/3/2008, there was misbehaviour towards him on the part of the revenue officials. He therefore lodged Annexure 1 complaint before the District Collector by post. Paper reports have come in the local dailies on 16/3/2008. No crime whatsoever was registered till Crl.M.C.No.2976/08 2 17/3/2008. Apprehending that action may be taken against the officials on the basis of the complaint of the petitioner, the officials, to cover up their fault, had allegedly filed a complaint dated 17/3/2008 on the basis of which the crime in question was registered. The petitioner went before the Sessions Court claiming anticipatory bail. On 17/3/2008, there was a submission that no case has been registered. On 18/3/2008, that submission was modified to say that a crime was registered on 17/3/2008. Petitioner's application for anticipatory bail was rejected by the learned Sessions Judge. The petitioner came to this court later. Anticipatory bail was granted to him subject to conditions. He appeared before the learned Magistrate and was released on bail. On 09/05/2008, the mini lorry in question was seized. 3. According to the learned counsel for the petitioner the petitioner is absolutely innocent and the sequence of events must eloquently convey that all is not fair with the proceedings initiated against the petitioner. In these circumstances it would be unkind, harsh and insensitive to insist on cash deposit of Rs.25,000/-. The petitioner is unable to make the deposit. Crl.M.C.No.2976/08 3 Consequently, the vehicle is exposed to sun and rain at the police station from 09/05/2008. The vehicle may be ordered to be released without insisting on the condition of cash deposit. There is no assertion at the Bar that any proceedings of confiscation has already commenced. 4. The learned Public Prosecutor opposes the prayer; but notwithstanding the opposition, in the peculiar facts and circumstances of this case to which detailed reference has already been made in Annexure VI order passed in the anticipatory bail application by me, I am satisfied that condition of cash deposit of Rs.25,000/- can be deleted. All other conditions shall of course remain. 5. In the result, this petition is allowed. The condition obliging the petitioner to make a cash deposit of Rs.25,000/- is hereby deleted. (R.BASANT, JUDGE) jsr Crl.M.C.No.2976/08 4 Crl.M.C.No.2976/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008