The petitioner herein is aggrieved by the conditions imposed by the learned Judicial First Class Magistrate Court III (Forest Offences), Nedumangad, for releasing his vehicle under Section 451 of the Code of Criminal Procedure. The petitioner and his vehicle are involved in O.R No.7/2012 of the Kulathupuzha Forest Range, registered under Sections 27(1) e IV & V of the Kerala Forest Act. It is alleged that the petitioner was found transporting river sand illicitly in his vehicle No.KL-10 AB 4045. The learned Magistrate allowed the application under Section 457 of the Code of Criminal Procedure on condition that the petitioner shall furnish bank guarantee for ₹2,00,000/-, that he shall produce the vehicle as and when required by the court, and that the petitioner shall not permit anybody else to use his vehicle for commission of similar offences. The petitioner's grievance is mainly regarding the first condition, directing bank guarantee. The learned Magistrate has observed in the impugned order in C.M.P No.1495/2012 dated 21.8.2012 that Crl.M.C No.5447 of 2014 2 the petitioner and his vehicle are involved in two other crimes. The learned counsel now submits that the said observation is factually incorrect, and that the vehicle is involved in only one crime. Anyway, in the particular facts and circumstances, I find the necessity of some modification in the conditions imposed by the court below. The learned counsel now submits that the petitioner is ready to make cash deposit of 40% of the amount ordered, as a condition. He is also ready to execute bond appropriately for the production of property in court. In such a situation, I find that the first condition can be set aside, however subject to some other conditions for ensuring production of the vehicle in court.
In the result, this Criminal Miscellaneous Case is allowed in part. The first condition imposed by the court below will stand cancelled on a further condition that the petitioner shall make a security deposit of ₹80,000/- in the court below, and that he shall execute a bond with one surety for ₹1,20,000/-.
P.UBAID JUDGE ab