IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3987 of 2008()
1. SABIYATHUBEEVI, AGED 36 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.BIMAL K.NATH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/10/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3987 of 2008
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Dated this the 29th day of October, 2008
O R D E R
The petitioner’s vehicle was allegedly involved in the
transportation of river sand belonging to the Government from a
Reserve forest. The vehicle was seized. The petitioner applied
for release of the vehicle, which was directed to be released
subject to conditions. The petitioner is aggrieved by one
condition imposed that he must furnish bank guarantee for an
amount of Rs.1,00,000/- The learned counsel for the petitioner
submits that the said condition is unnecessary and unjust. The
counsel prays that the said condition may be deleted.
2. The learned Prosecutor opposes the application. He
submits that there is need to impose adequate and strict
conditions to deter the petitioner again from the use of the
vehicle for identical purposes while in his custody.
3. After discussions at the Bar, I am satisfied that the
condition that the petitioner must furnish a bank guarantee for
Crl.M.C.No. 3987 of 2008
2
Rs. 1,00,000/- can be modified and appropriate alternate condition can
be imposed in its place.
4. This Crl.M.C. is allowed. The condition that the petitioner
must furnish bank guarantee to the tune of Rs.1,00,00/- is modified.
He shall deposit an amount of Rs.35,000/- as cash security before the
court below and on deposit of such amount, the condition that the
petitioner must furnish bank guarantee for Rs.1,00,000/- shall stand
deleted.
(R. BASANT)
Judge
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