Jijo C.T vs State Of Kerala
2021 Latest Caselaw 16756 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
     WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                          CRL.MC NO. 3427 OF 2021
                CRIME NO.1644/2020 OF KALADY POLICE STATION
 AGAINST THE ORDER/JUDGMENT IN CMP 368/2020 OF JUDICIAL FIRST CLASS
                        MAGISTRATE-IV, PERUMBAVOOR
PETITIONER/S:

            JIJO C.T.
            AGED 43 YEARS
            S/O.THOMAS, CHAKKIGEN HOUSE, YORDHANAPURAM,
            PODIYAKKARA, ERNAKULAM DISTRICT.

            BY ADVS.
            S.RAJEEV
            K.K.DHEERENDRAKRISHNAN
            V.VINAY



RESPONDENT/S:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM - 682 031 (CRIME NO.1644/2020 OF KALADY POLICE
            STATION), ERNAKULAM DISTRICT - 683 574.


OTHER PRESENT:

            SRI.C.S.HRITHWIK SR PP




     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No. 3427 of 2021

                                         2




                                    O R D E R

Dated this the 11th of August 2021

The petitioner is the owner of a car bearing Reg.No.KL-

63-A-7999, which is involved in an offence punishable under

the Kerala Protection of River Banks and Regulation of

Removal of Sand Act, 2001.

2. The petitioner has approached the jurisdictional

Magistrate for release of the vehicle and vide order at

Annexure II, the learned Magistrate ordered release of the

vehicle. But the applicant is aggrieved by the first

condition directing him to deposit a sum of Rs.1,67,100/-,

which is 30% of the value of the vehicle and also a bank

guarantee if he is not able to deposit the amount with two

solvent sureties. There is also a further direction to

execute a bond for Rs.5,57,000/- with two solvent sureties

each for the like sum as condition (8). Crl.M.C.No. 3427 of 2021

3. In view of the decision of the Hon'ble Apex Court

in Shihab etc. v. State of Kerala & another, 2016 (4) KHC

183, the onerous condition of directing the petitioner to

deposit a sum of Rs.1,67,100/- does not appear to be well

supported by authority. I therefore find that this

condition will have to be removed. The petitioner is also

intending to move for quashing the proceedings.

Under the above circumstances, the Crl.M.C. is allowed

and condition (1) shall stand removed and the vehicle shall

be released to the petitioner based on conditions (2) to

(10).

Sd/-

ASHOK MENON JUDGE dkr Crl.M.C.No. 3427 of 2021

APPENDIX OF CRL.MC 3427/2021

PETITIONER ANNEXURE

Annexure I FINAL REPORT SUBMITTED IN CRIME NO.1644/2020 OF KALADY POLICE STATION.

Annexure II CERTIFIED COPY OF THE ORDER PASSED BY JUDICIAL FIRST CLASS MAGISTRATE-IV, PERUMBAVOOR DATED 21/01/2021 IN CMP NO.368/2020 IN CRIME NO.1644/2020.