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2015 Supreme(Online)(KER) 24091

HIGH COURT OF KERALA
P.UBAID, J
vs


Advocates:
SRI.BABU S. NAIR, SRI.M.P.MADAVANKUTTY

O R D E R

A condition imposed by the Judicial First Class Magistrate, Mannarkkad for release of the petitioner's vehicle under Section 451 of the Code of Criminal Procedure is under challenge, and it is sought to be set aside under Section 482 of the Code of Criminal Procedure. The said vehicle was seized by the Forest Range Officer of Mannarkkad Forest Range on the allegation that the petitioner and the others trespassed into the government forest, killed a samba deer, and transported the meat in the said autorickshaw. Of course the learned Magistrate granted relief under Section 451 of the Code of Criminal Procedure, on condition that the petitioner shall furnish bank guarantee for ₹1,25,000/- besides executing a bond for the said amount. The third condition imposed by the learned Magistrate is that the petitioner will produce the vehicle as and when required by the court.

2. The grievance of the petitioner is that the direction made by the court below to furnish bank guarantee for ₹1,25,000/- is unreasonable and irrational. The prosecution against him is brought under the provisions of Kerala Forest Act, and also the Wild life (Protection) Act, 1972. Section 39 of the Wildlife (Pr

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