IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 Crl.MC.No. 2934 of 2008() ------------------------- MP.2634/2008 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVUR CRIME NO.392/2008 OF VADAKKEKARA POLICE STATION, NORTH PARAVUR .................... PETITIONER: CLAIM PETITIONER ---------------------------- P.T.JOSEPH, S/O.THOMAS, AGED 35 YEARS, PUTHUSSERY HOUSE, ANAPPUZHA.P.O, KODUNGALLUR. BY ADV. SRI.SHYAM.K.L. RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VADAKKEKARA POLICE STATION, NORTH PARAVUR. 3. CANAL OFFICER, KODUNGALLUR. 4. DISTRICT COLLECTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2934 of 2008 ------------------------------------- Dated this the 11th day of August, 2008 ORDER Petitioner claims to be aggrieved by a condition imposed on him when a country boat belonging to him which was allegedly involved in the commission of an offence punishable under the Kerala Mines and Minerals Regulation and Development Act was ordered to be released to him. He was directed to pay an amount of Rs.25,000/- as cash security and to execute a bond for an amount of Rs.5 lakhs with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. 2. According to the petitioner, the said condition imposed is excessive and not justified in the facts and circumstances of the case. The vessel seized by itself is not worth more than Rs.25,000/- and in these circumstances the conditions imposed are most unnecessary and onerous, submits the learned counsel for the petitioner. Because of such conditions, the petitioner is not able to avail the benefit of the impugned order. The conditions may be reasonably modified, it is prayed. 3. The learned Public Prosecutor points out that such condition for deposit is insisted usually in all cases where motor vehicles are involved and proceedings for confiscation are Crl.M.C. No.2934 of 2008 2 contemplated or pending before the revenue authorities. Appropriate conditions may be imposed. It may be noted that the vessel in this case was used for the actual removal of the sand from the river and the distinction between the offence alleged herein and the offence alleged where the vehicle was used only for the transportation may be borne in mind, submits the learned Public Prosecutor . 4. Having considered all the relevant inputs, I am satisfied that a lenient view can be taken and the condition can be modified. 5. In the result: a) This Crl.M.C is allowed; b) The condition imposed is modified; c) Instead of the direction to deposit an amount of Rs.25,000/-, it is directed that the petitioner need deposit only an amount of Rs.10,000/- (Rupees Ten thousand only); d) The petitioner shall execute a bond with two solvent sureties each for the like sum for an amount equal to the value of the vehicle to be provisionally determined by the learned Magistrate; e) All other conditions shall continue to remain in force. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.2934 of 2008 3