IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 4118 of 2008() ------------------------- CRIME NO. 154/08 OF ARANMULA POLICE STATION CRMP.2653/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONER: --------------- SHAJI M.S., S/O. SIVANANDAN MOORTHIMANNATHU HOUSE EDAYARANMULA, ARANMULA PATHANAMTHITTA. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT: ----------------------------------------- STATE OF KERALA, 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 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4118 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2008 O R D E R The petitioner, whose vehicle was allegedly involved in the commission of an offence of illicit transportation of river sand and in whose favour an order of release under Section 451 Cr.P.C. has been passed by the learned Magistrate, has come to this Court with the grievance that one of the conditions imposed – that he must make a cash deposit of rs.50,000/- - to secure release of the vehicle is unnecessarily onerous and it is sufficient to impose the usual and ordinary condition which this court imposes, that a cash deposit of Rs.25,000/- alone need be paid. 2. I have considered the submissions made. Admittedly this vehicle was involved in a previous crime and the vehicle was released during the pendency of the said crime. I am not persuaded to agree, in these circumstances, that the condition to make a cash deposit of Rs.50,000/- is in any way unjustified. No Crl.M.C.No. 4118 of 2008 2 interference by invoking the extra ordinary inherent jurisdiction appears to be necessary. 3. This Crl.M.C. is accordingly dismissed. (R. BASANT) Judge tm