Biju vs State Of Kerala Rep. By The on 13 April, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1201 of 2007()


1. BIJU, S/O.YOHANNAN, THYLETH VEEDU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REP. BY THE
                       ...       Respondent

                For Petitioner  :SRI.P.GOPAKUMARAN NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :13/04/2007

 O R D E R
                                R.BASANT, J.

                             ----------------------

                           Crl.M.C.No.1201 of 2007

                         ----------------------------------------

                  Dated this the 13th day of April  2007


                                    O R D E R

The petitioner is the owner of a vehicle which is allegedly

involved in the offence of illicit transportation of sand. The

vehicle was seized. The learned Magistrate, by the impugned

order, directed interim release of the vehicle to the petitioner

subject to conditions. The petitioner is aggrieved by only one

condition. That is the direction to produce bank guarantee for

an amount of Rs.3,50,000/- The learned counsel for the

petitioner submits that the imposition of the said condition is

working out great prejudice, hardship and loss to the petitioner.

The petitioner has not been able to avail of the benefit of the

order of release. The vehicle is exposed to sun and rain.

Appropriate modification of the condition may be directed.

Subject to any reasonable conditions within the reach of the

petitioner, the vehicle may be directed to be released to the

petitioner, it is prayed.

2. Notice was given to the learned Public Prosecutor.

The learned Public Prosecutor points out that the learned

Crl.M.C.No.1201/07 2

Magistrate has referred to the circumstances – that the vehicle

was earlier involved in an identical offence. In these

circumstances, appropriate safeguards may be made, submits

the learned Public Prosecutor.

3. I am satisfied that in the facts and circumstances of

this case, there can be a direction to modify condition No.1

imposed on the petitioner that he must produce a bank

guarantee to the tune of Rs.3,50,000/-.

4. This Criminal Miscellaneous Case is, in these

circumstances, allowed. The said condition is modified. The

petitioner shall execute a bond for Rs.3,50,000/- with two solvent

sureties each for the like sum to the satisfaction of the learned

Magistrate. He shall also deposit an amount of Rs.25,000/-

before the learned Magistrate.

Hand over copy of this order to the learned counsel for the

petitioner.

                                                      (R.BASANT, JUDGE)

jsr


                          // True Copy//          PA to Judge


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         R.BASANT, J.





           CRL.M.CNo.





               ORDER





21ST DAY OF APRIL 2007