IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3840 of 2008()
1. SATHEESAN, S/O.MUKUNDAN, KUTTIPPILLY
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :22/10/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3840 of 2008
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Dated this the 22nd day of October, 2008
ORDER
By the impugned order, a country boat allegedly used for
illicit transportation of river sand was directed to be released
to the petitioner on condition, inter alia, that he must deposit
an amount of Rs.15,000/-. The learned counsel for the
petitioner submits that the said condition is too onerous and he
is unable to comply with the same. The condition for deposit
of the amount may be set aside or, at least, the amount of
deposit may be suitably reduced, submits the learned counsel
for the petitioner. The learned counsel for the petitioner
submits that already there is a direction to execute a bond for
Rs.2 lakhs with two solvent sureties, though the value of the
boat will be significantly less. The learned counsel for the
petitioner further points out that the maximum amount of fine
Crl.M.C. No. 3840 of 2008 -: 2 :-
under Sec.20 of the Kerala Protection of River Banks of
Regulation of Removal of Sand Act is only Rs.25,000/- and even
in respect of costly lorries etc., only an amount of Rs.25,000/- is
insisted to be deposited as cash security. In these
circumstances, the condition for deposit may be set aside or, at
least, the amount may be reduced, urges the counsel.
2. The learned Public Prosecutor submits that the boat has
a length of 13 Mtrs., width of 3 = Mtrs. and can carry a
maximum of 3 lorry loads of sand. Such a boat will be worth
about Rs.68,000/-, it is submitted.
3. I have considered all the relevant circumstances. I am
satisfied that the amount of cash security directed to be
deposited can be reduced to Rs. 7,500/-. All other conditions
shall remain.
4. This Crl.M.C. is allowed to the above extent.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
Crl.M.C. No. 3840 of 2008 -: 3 :-