IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 17 of 2011()


1. RAJAN, S/O.UNNI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :21/01/2011

 O R D E R
                    THOMAS P JOSEPH, J.

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                       Crl.M.C.No.17 of 2011

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               Dated this 21st day of January, 2011

                                 ORDER

Petitioner is aggrieved by the condition imposed by the learned Judicial First Class Magistrate-II, Thamarassery while releasing the vehicle involved vide order on C.M.P.No.4353 of 2010 in Crime No.520 of 2010 of Mukkom Police Station. Vehicle belonging to the petitioner was seized allegedly for draining sewage into the river and thereby committing offence punishable under Secs.24(i) r/w Sec.43 of the Water (Prevention and Control) of Pollution Act, 1974. Learned Magistrate while ordering release of the vehicle, among other conditions directed that petitioner, not to repeat such offence using the said vehicle, shall deposit `.1,00,000/- in cash. Petitioner is aggrieved by that condition. It is submitted by learned counsel that the condition imposed is harsh and petitioner is not able to deposit the said amount. Learned counsel states that other appropriate conditions are already fixed by the learned Magistrate.

2. I have heard learned Public Prosecutor also.

3. It is seen from the order under challenge that learned Magistrate while ordering release of the vehicle has imposed  Crl.M.C.No.17 of 2011 -: 2 :- appropriate conditions. There is also a direction that the vehicle shall not be used for (commission of) any offence during the period of (its) interim custody. In view of that condition I am inclined to think that it was not necessary to direct deposit of cash security. Hence the condition imposed by the learned Magistrate vide the impugned order to deposit cash security of `.1,00,000/- is to be set aside. But it is directed that in case any of the other conditions imposed by the learned Magistrate is violated it would forfeit the bond.

Resultantly this criminal miscellaneous case is allowed and the condition imposed by the learned Magistrate vide order dated October 20, 2010 on C.M.P.No.4353 of 2010 in Crime No.520 of 2010 of Mukkom Police Station directing deposit of Rs. One Lakh in cash as security is set aside. But it is directed that violation of any other condition would result in forfeiture of the bond.

(THOMAS P JOSEPH, JUDGE) Sbna/-