IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3222 of 2008()
1. DINESH KUMAR, ADIMURIYIL VEEDU,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.AJITH MURALI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :01/09/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3222 of 2008
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Dated this the 1st day of September, 2008
O R D E R
The petitioner’s vehicle, which is allegedly involved in an
offence punishable under the Kerala Protection of River Banks
and Regulation of Removal of Sand Act, was seized by the police
and the petitioner applied for release. The learned Magistrate
rejected the same on the ground that the same vehicle was earlier
involved in an identical crime and was released to the petitioner,
subject to conditions. A crime in respect of the earlier incident
was registered and that case is pending even now. It is not safe
to release the vehicle to the petitioner, who had taken release of
the vehicle on the earlier occasion subject to conditions, it was
held. The learned Magistrate, in these circumstances, dismissed
the application.
2. The learned counsel for the petitioner submits that on
neither occasion the offence has been committed, though a
prosecution in respect of the earlier instance is pending. He is
Crl.M.C.No. 3222 of 2008
2
not an accused in respect of either incident and in these circumstances
the vehicle may be directed to be released to the petitioner subject to
appropriate conditions. The learned counsel further submits that the
vehicle, which was taken into custody on 18.5.2008, is exposed to sun
and rain and the same is likely to suffer damage and deterioration. In
these circumstances it is prayed that subject to any appropriate
condition, which this court feels proper, the vehicle may be directed to
be released to the petitioner.
3. Having considered all the relevant inputs, I am satisfied that
in the light of the dictum in Sunderbhai Ambalal Desai v. State of
Gujarat (SC 2003 (2) KLT 1089) the vehicle can be directed to be
released to the petitioner subject to appropriate and strict conditions.
Such conditions should be imposed which shall deter the petitioner
from making use of the vehicle for repetition of the commission of the
offence.
4. In the result:
a) This Crl.M.C. is allowed.
b) The impugned order is set aside.
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c) The vehicle shall be released to the petitioner on the following
terms and conditions:
i) He shall execute a bond for the amount equal to the value of
the vehicle as may be determined by the learned Magistrate.
ii) He shall produce bank guarantee for such amount as security
for the bond executed.
iii) In the bond he shall undertake that the vehicle shall not be
used for commission of any crime under the Kerala Protection of
River Banks and Regulation of Removal of Sand Act while it is in his
custody.
(R. BASANT)
Judge
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