Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE27H DAYOF MARCH20146TH CHAITHRA, 1936 Crl.MC.No. 2132 of 2013 () --------------------------- CMP. NO.2542/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, IDUKKI. ...... PETITIONER/PETITIONER: -------------------------------------- SANTHOSH, AGED38YEARS, S/O.FRANCIS, MANACKAL HOUSE, PAZHAYARIKANDAM KARA, KANJIKUZHY VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN. RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. FOREST RANGE OFFICER, VELOOR FOREST STATION, THODUPUZHA RANGE, PIN-682 546. BY PUBLIC PROSECUTOR SMT.SEENA RAMAKRISHNAN. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON2703-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.MC.No. 2132 of 2013 APPENDIX PETITIONER'S ANNEXURES:- ANNEX A1:- TRUE COPY REPORT OF THE2D RESPONDENT. ANNEX A2:- TRUE COPY OF THE SCENE MAHAZER DTD610/2012. ANNEX A3:- TRUE COPY OF THE RECOVERY MAHAZER DATED1110/2012 PREPARED BY THE2D RESPONDENT. ANNEX A4:- TRUE COPY OF THE CMP. NO. 2542/2012 FILED BEFORE THE JFMC, IDUKKI. ANNEX A5:- TRUE COPY OF THE ORDER
OF JFMC, IDUKKI DATED1101/2013 IN CMP NO. 2542/2012. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.S.TO JUDGE rs. P.UBAID, J.
~~~~~~~~~~ Crl.M.C No.2132 of 2013 ~~~~~~~~~~~ Dated this the 28th March, 2014 ORDER
The petitioner herein is the registered owner of the Mahindra Jeep bearing No.KL.5.C.6195 involved in O.R. No.20 of 2012 of Veloor Forest Station, on the allegation that the said vehicle was used for illicit transportation of sand from the Government Forest. Pending the proceedings, the petitioner filed application before the Judicial First Class Magistrate Court, Idukki for interim custody of the vehicle under Section 451 of the Code of Criminal Procedure. The learned Magistrate ordered release of the vehicle to him on certain conditions including a condition that the petitioner shall furnish irrevocable bank guarantee for 1,30,000/- (One lakh Thirty Thousand only) from a Scheduled Bank. Aggrieved by the said condition, the owner of the vehicle has approached this Court under Section 482 of the Code of Criminal Procedure with prayer to set aside or modify the said condition.
2. Learned counsel for the petitioner submitted that the petitioner is ready to make some reasonable deposit Crl.M.C No.2132 of 2013 2 and to execute bond for the balance amount. Considering the facts and circumstances, I also feel that the deposit of reasonable amount as security can be ordered in this case, and that it will ensure production of the vehicle as and when required. A further condition can also be imposed that the vehicle shall not be sold or assigned to anybody pending the proceedings. In the result, this Crl.M.C is allowed. The impugned condition imposed by the trial court as per the order in C.M.P. No.2542 of 2012 dated 11.1.2013 will stand modified that instead of furnishing irrevocable bank guarantee for 1,30,000/-, the petitioner will make security deposit of 50,000/- in the Court of the learned Magistrate, and shall execute bond for the balance amount with one surety. In modification of the conditions, there shall be one more condition that the petitioner shall not sell or otherwise assign the said vehicle pending the proceedings. P.UBAID JUDGE ma /True copy