IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH MONDAY, THE 7^TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943 CRL.MC NO. 6070 OF 2021 AGAINST THE ORDER DATED 13.10.2021 IN C.M.P.NO.1178/2021 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - III, PERUMBAVOOR PETITIONER/PETITIONER:

MUBEENA M.

AGED 37 YEARS W/O.BASHEER KHAN, ALAPPUZHAAYETHPUTHENVEEDU, PULI SOUTH, EDAKULANGARA P.O., KARUNAGAPPILLY, KOLLAM DISTRICT-690 523.

BY ADV SRI.ELDHO PAUL RESPONDENTS/STATE AND RESPONDENT:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.

2 THE RANGE FOREST OFFICER KODANAD RANGE OF MEKKAPPALA FOREST STATION, ERNAKULAM DISTRICT-683 545.

BY SRI.NAGARAJ NARAYANAN, SPECIAL PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

07.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 07^th day of March, 2022 This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C’) challenging an order passed by Judicial First Class Magistrate Court-III, Perumbavoor (for short ‘the court below’) under Section 451 of Cr.P.C. in CMP No.1178/2021.

2. The petitioner is the registered owner of a Goods Lorry of Mahindra Navistar Automotive Ltd, bearing registration No.-KL-02-BG-7477 (Eng.No.BA112K0142, Chassis No. MA1PFAHBCB6K91776) and it was seized by the respondent in OR No.06/2021 of Mekkappala Forest Station. The drivers of the above vehicle employed by the petitioner were arrayed as accused Nos.1 and 2 in the above crime. The vehicle was purchased by the petitioner on 10.08.2021 as per sale agreement and he has no involvement in the above crime. Accordingly, an application was moved by him under Section 451 Cr.P.C seeking for a temporary release of the vehicle in his custody. The court below has passed an order on 13.10.2021 directing release of the vehicle subject to twelve conditions, the first among which reads:-

“Petitioner shall either deposit cash security of Rs.6,24,000/- (Rupees Six lakh and twenty four thousand only) before the court or produce bank guarantee for Rs.6,24,000/- (Rupees Six lakh and twenty four thousand only) being the value of the vehicle.”

Vide condition No.2 of the impugned order, the petitioner was also directed to execute a bond for Rs.6,24,000/- (Rupees Six Lakhs Twenty Four Thousand only) with two solvent sureties each for the likesum. Condition No.2 imposed as above being one coming within the purview of Section 53 of the Act, that alone is sufficient to serve the purpose.

3. Section 53 of the Kerala Forest Act, 1961 (for short, ‘the Act’) is apposite reference and therefore, is extracted hereunder:

“53. Power to release property seized under section 52.- Any Forest Officer of a rank not inferior to that of a Ranger, who or whose subordinate has seized any tools, boats, vehicles or cattle under the provisions of Section 52, may release the same on the execution by the owner thereof a bond for the production of the property so released, if and when so required before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.”

(Emphasis supplied)

4. Under Section 53 of the Act, any Forest Officer of a rank not inferior to that of a Ranger, when seized of any tools, boats, vehicles or cattle under the provisions of Section 52, shall release it on execution by it’s owner o f a bond for the production of the property so released, if and when so required, before the Magistrate having jurisdiction to try the offence. Therefore, a Forest Official is empowered under the above provision of the Act to release the vehicle in interim custody of the owner on condition of himself executing a bond for production of the property before the court as and when directed by it. In the case on hand, the value of the vehicle was obtained through assessment by an expert as Rs.6,24,000/-. Furnishing of cash security being not the requirement of the court acting wi