JAYESH Vs. THE STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner challenging the conditions imposed by the Judicial First Class Magistrate's Court, Nadapuram in C.M.P 1668/2014 under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code').

(2.) IT is alleged in the petition that the petitioner is the registered owner of the vehicle with No. KL 37 A 639 which was seized by the respondent police officers when it was found that it was transporting sand which according to the respondent is against the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001 (hereinafter called the 'Act'). The petitioner filed C.M.P.1668/2014 for interim custody of the vehicle before the Judicial First Class Magistrate's Court, Nadapuram. The learned Magistrate by impugned Annexure V order allowed the application on condition of depositing 30% of the value of the amount and furnishing the bank guarantee or property security or the balance amount etc. The above conditions are being challenged by the petitioner before this Court.

(3.) ON the other hand learned Public Prosecutor argued that the condition imposed by the court below is perfectly legal and also the present amendment is also in tune with the decision of this Court. So there is no necessity to interfere with the condition imposed by the court below.