IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1077 of 2010()
1. JOSE @JOSE VARGHESE,S/O,VARGHESE,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
2. THE FOREST RANGE OFFICER, ANCHAL.
For Petitioner :SRI.R.SURAJ KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :29/03/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
------------------------------------------
CRL.M.C.NO.1077 OF 2010
------------------------------------------
Dated 29th March 2010
O R D E R
Jeep No.KL-2/G-3113 seized in
O.R.4/2010 of Anchal Forest Range was
released by the learned Magistrate under
Annexure-A order in Crl.M.P.1161/2010 to
the petitioner, on depositing cash security
of Rs.75,000/- and on conditions. Petition
is filed under Section 482 of Code of
Criminal Procedure to quash the said
condition contending that total loss
sustained is only Rs.500/- and therefore,
the direction to deposit Rs.75,000/- is too
onerous.
2. Learned counsel appearing for
the petitioner and learned Public
Prosecutor were heard.
Crmc 1077/10
2
3. Learned counsel submitted that the
vehicle was valued at Rs.75,000/- and
petitioner was directed to make a cash deposit
of Rs.75,000/-, though the value of sand
carried in the vehicle was only Rs.300/- and in
such circumstances, the amount is to be
reduced.
4. When interim custody was granted,
the learned Magistrate is entitled to impose
sufficient conditions. Magistrate has directed
the petitioner to deposit the value of the
vehicle to grant interim custody. I do not
find any reason to interfere with that order.
If petitioner cannot make cash deposit, he is
at liberty to furnish bank guarantee for the
amount.
Petition is disposed.
Crmc 1077/10
3
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.