IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Crl.Rev.Pet.No. 176 of 2009() ------------------------------------------ CRL.M.P.NO.4730/2008 DTD. 31/12/2008 OF JUDL.FIRST CLASS MAGISTRATE COURT, OTTAPALAM. ............ PETITIONER(S): PETITIONER: ----------------------------------------------- JAYARAJAN, S/O.MADHAVAN NAIR, THEKKUMPURATH HOUSE, KANIYAMPURAM POST, OTTAPALAM. BY ADVOCATES SMT.T.D.RAJALAKSHMI MR.SREEHARI RESPONDENT(S): RESPONDENT: -------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, OTTAPALAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.R.P.NO.176 OF 2009 ------------------------------------------ Dated 29th January 2009 O R D E R Revision petitioner is challenging the condition imposed by Judicial First Class Magistrate, Ottappalam while releasing the vehicle KL-09-L-6842 to the revision petitioner seized by the Sub Inspector of Police for illegal transportation of sand. As per order dated 31/12/2008 in Crl.M.P.4730/2008 learned Magistrate directed release of the vehicle under Section 457 of Criminal Procedure Code on the petitioner executing a bond for Rs.Five Lakhs and on deposit of Rs.50,000/- before the Magistrate and directing not to use the vehicle for any illicit purpose and not to transfer it and to produce the vehicle as and when directed. Revision petitioner is challenging the condition to execute a bond for Rs.Five Lakhs as well as to deposit Rs.50,000/- in cash. Case of revision petitioner is that value of the vehicle is far less than Rs.Five Lakhs and in such circumstances, conditions are to be modified. CRRP 176/09 2 2. Learned Public Prosecutor on instructions from Motor Vehicles Inspector, Palakkad submitted that value of the vehicle would be less than Rs.One Lakh. In such circumstances, revision is allowed. Condition in the order dated 31/12/2008 in Crl.M.P.4730/2008 to execute a bond for Rs.Five Lakh is modified to Rs.One Lakh. So also the condition to deposit Rs.50,000/- is reduced to Rs.30,000/-. M.SASIDHARAN NAMBIAR, JUDGE. uj.