Kerala High Court
K.J.Roy vs State Of Kerala Represented By Public on 24 September, 2008
Author: R.Basant
Bench: R.Basant
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3574 of 2008()
1. K.J.ROY, AGED 42 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.M.A.FIROSH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :24/09/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.3574 of 2008
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Dated this the 24th day of September 2008
O R D E R
The petitioner, whose country boat allegedly involved in violation of the provisions of 'The Kerala Protection of River Banks and Regulation of Removal of Sand Act has been directed to be released to him under Section 457 Cr.P.C, has come to this court with the grievance that the condition of deposit of Rs.20,000/- imposed on him is onerous. Admittedly, confiscation proceedings is not complete and no amount has been paid in any such proceedings.
2. I have heard the learned counsel for the petitioner and learned Public Prosecutor. I am satisfied that this petition can be allowed in part and the amount of cash security can be suitably reduced.
3. In the result,
a) This Crl.M.C is allowed.
b) Condition in the impugned order that the petitioner must deposit cash security of Rs.20,000/- is modified. Crl.M.C.No.3574/08 2 The amount of cash security is reduced to Rs.12,500/-. If the petitioner proves that the confiscation proceedings are over and the penalty imposed in such proceedings has been deposited by the petitioner, the cash security shall be released to the petitioner by the learned Magistrate.
Hand over copy of this order to the learned counsel for the petitioner.
(R.BASANT, JUDGE) jsr Crl.M.C.No.3574/08 3 Crl.M.C.No.3574/08 4 R.BASANT, J.
CRL.M.C.No. of 2008 ORDER 09/07/2008