A.A.ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the owner of a Hitachi excavator which was seized in connection with OR No.4/2016 alleging that the accused trespassed into the forest land near the national highway and demolished a Government building and attempted to make unauthorised construction for the purpose of National Highway Department. Claiming that the value of the vehicle gets deteriorated, an application under section 451 Cr.P.C.was preferred before the trial court. The learned Magistrate, by order in Crl.M.P.No.970/2017 in OR No.4/2016, allowed the application subject to conditions. The petitioner is aggrieved by condition No.6, by which he was directed to produce fixed deposit/bank guarantee for the value to be assessed by the PWD Mechanic Division, Chalakkudy. This portion of the order is under challenge in Crl.M.C.No.2231/2017.

(2.) The order granting release of vehicle is under challenge at the instance of the Forest Department in Crl.M.C.No.2601/2017.

(3.) Heard the learned counsel for the petitioner and the learned Special Government Pleader for Forest.