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ASHOK KUMAR, S/O SADANANDAN versus STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

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ASHOK KUMAR, S/O SADANANDAN v. STATE OF KERALA, REPRESENTED BY THE - Crl MC No. 2218 of 2007 [2007] RD-KL 12672 (11 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2218 of 2007()

1. ASHOK KUMAR, S/O SADANANDAN,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY THE
... Respondent

For Petitioner :SRI.SIJU KAMALASANAN

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :11/07/2007

O R D E R

R. BASANT, J.

Crl.M.C. NO.2218 OF 2007

Dated this the 11th day of July, 2007

ORDER

Aggrieved by an order passed by the learned Magistrate under Sec.451 of the Cr.P.C., the petitioner had come to this Court. By order dated 6/6/07, this Court had directed that the vehicle in question be released to the petitioner subject to conditions. Condition No.2 obliges the petitioner to make a cash deposit of Rs.25,000/- and also to offer bank guarantee for the balance amount. This was directed to be done within a period of one month from 6/6/07.

2. The petitioner contended before the learned Magistrate that he is entitled to get release of the vehicle and that he need deposit the amount and produce the bank guarantee only within one month from the date of the order. The learned Magistrate, according to me, has rightly turned down the said prayer and rejected the said application by Crl.M.C. NO. 2218 OF 2007 -: 2 :- Annexure-3 order. The petitioner has come before this Court again.

3. What is the present grievance? A period of one month having already elapsed from 6/6/07 and the petitioner having not complied with the direction, there can be no surviving dispute as to whether the condition has been complied with or not. Admittedly, it has not been complied with. The learned counsel for the petitioner, in these circumstances, only prays that the petitioner may be granted time of one month more from this date to make cash deposit and make the bank guarantee available before the court. In the facts and circumstances of this case, I am satisfied that a lenient view can be taken and such extension of time can be granted to the petitioner.

4. In the result, this petition is allowed. The petitioner shall have time of one month more from this date to comply with the direction issued on 6/6/07. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. To Judge Crl.M.C. NO. 2218 OF 2007 -: 3 :-


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