MAHESH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is aggrieved by Annexure -A order passed by the Judicial First Class Magistrate Court, Nilambur under Section 457 Cr.PC. The petitioner sought interim custody of a vehicle bearing registration No.KL -11 - F -5670 LMV goods carriage allegedly involved in the illegal transport of river sand. Following the decision in Shan v. State of Kerala [2010(2) KLJ 673 (FB)] the learned Magistrate directed the petitioner to execute a bond for Rs.29,400/ - and to deposit Rs.12,600/ - and also to provide a bank guarantee or in the alternative appropriate security for the balance amount.

(2.) HEARD the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) INDISPUTABLY , the crime occurred after the amendment of the Act. Learned counsel for the petitioner submits that in view of the statutory provision mentioned above, the order passed by the learned Magistrate is onerous to the petitioner. Considering the amended statutory provision and the nature of allegations, I feel that this petition can be disposed of with following conditions: