IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4240 of 2008()
1. C.K. HAMZA, S/O.KUNHUMUHAMMED
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.KISHOR B.
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :13/11/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.4240 of 2008
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Dated this the 13th day of November 2008
O R D E R
Petitioner’s vehicle was allegedly used for the commission
of an offence punishable under ‘The Kerala Protection of River
Banks and Regulation of Removal of Sand Act. The petitioner
applied for release of the vehicle. The learned Magistrate, by
the impugned order, rejected the same on the ground that the
vehicle was earlier involved in a similar incident.
2. The learned counsel for the petitioner submits that
the allegations are not correct. On both occasions, the vehicle
was not so used. In appropriate proceedings, the petitioner shall
be able to establish that his vehicle was not so involved. But at
any rate, the vehicle may not be permitted to be exposed to sun
and rain and suffer any avoidable damage and deterioration.
Subject to any appropriate conditions the vehicle may be ordered
to be released to the petitioner, it is prayed.
3. Notice was given to the learned Public Prosecutor.
The learned Public Prosecutor submits that the State has no
objection against release of the vehicle subject to appropriate
conditions as are normally imposed by this court in respect of
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vehicles which are allegedly involved in a second occasion for
such violation.
4. I am satisfied that the vehicle can be directed to be
released. In coming to the conclusion, the concerns which were
adverted to by the Supreme Court in Sunderbhai Ambalal
Desai v. State of Gujarat [SC 2003(2) KLT 1089] do weigh
with me.
5. In the result,
a) This petition is allowed.
b) It is directed that the vehicle, Mini Lorry No. KL-6
5229 shall be released to the petitioner on the following terms
and conditions.
i) The petitioner shall produce before the learned
Magistrate all documents to show that he is the person entitled
to possession of the vehicle.
ii) He shall execute a bond for an amount equal to the
value of the vehicle as may be determined by the learned
Magistrate with two solvent sureties each for the like sum to the
satisfaction of the learned Magistrate.
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iii) The petitioner shall deposit an amount of Rs.50,000/-
(Rupees fifty thousand only) as cash security before the court
below.
iv) The petitioner shall, in the bond to be executed by
him, undertake that the vehicle shall not be used or permitted to
be used by him under the ‘The Kerala Protection of River Banks
and Regulation of Removal of Sand Act’ for commission of any
offence while it is in his possession on the strength of this order.
6. If the petitioner complies with the conditions, release
order shall be issued by the learned Magistrate and thereupon
the vehicle in whosesoever custody it is, shall be released to the
petitioner forthwith.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.4240/08 5
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008