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Judgment
5 paragraphs · 277 wordsBechu Kurian Thomas, J
Petitioner is aggrieved by condition No.1 imposed in the order dated 15.12.2023 in Crl.M.P.No.8199 of 2023 on the files of the Judicial First Class Magistrate's Court-II, Neyyattinkara. As per the said condition, while directing release of a tipper lorry bearing Registration No.KL-20-F-9404, on interim custody under Section 457 of the Code of Criminal Procedure, 1973, the learned Magistrate has directed a cash deposit of Rs.1,60,000/- which is stated to be equivalent to the value of the vehicle and also to execute a bond for the said amount with two solvent sureties.
After hearing Sri.Govind R., the learned counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor, I am of the view that the condition directing deposit of cash security for releasing a vehicle involved in an alleged illegal transportation of ordinary earth in violation of the Mines and Minerals (Development and Regulation) Act, 1957 is too onerous a condition. Since the learned Magistrate has also imposed a condition to furnish a bond with two solvent sureties, I am of the view that the security in the form of a property or a bank guarantee, equivalent to the value of the vehicle would suffice.
Therefore, condition No.1 directing deposit of cash security of Rs.1,60,000/- in the order dated 15.12.2023 in Crl.M.P.No.8199 of 2023 on the files of the Judicial First Class Magistrate's Court-II, Neyyattinkara shall stand modified and the petitioner is permitted to furnish security either in the form of a property of equivalent value or a bank guarantee to the satisfaction of the learned Magistrate.
The Crl.M.C.is disposed of with the above modification to Annexure A2.