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SALIM K.T., S/O MOIDEEN KOYA versus STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

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SALIM K.T., S/O MOIDEEN KOYA v. STATE OF KERALA, REPRESENTED BY THE - Crl MC No. 2382 of 2007 [2007] RD-KL 14083 (25 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2382 of 2007()

1. SALIM K.T., S/O MOIDEEN KOYA,
... Petitioner

Vs

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

For Petitioner :SRI.R.SUDHISH

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :25/07/2007

O R D E R

R. BASANT, J.


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Crl.M.C.Nos. 2382 & 2389 of 2007
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Dated this the 25th day of July, 2007

O R D E R

The petitioners in these two petitions are owners of vehicles, which were involved in the alleged offences committed under the Kerala Protection of River Banks & Regulation of Removal of Sand Act. By the impugned orders, the learned Magistrate had directed that the vehicles be released to the petitioners subject to conditions. The petitioners are aggrieved by the condition that the petitioners as well as their sureties must produce solvency certificates. The procedure for obtaining solvency certificate is cumbersome. It would involve a lot of delay and expenses. In these circumstances the learned counsel for the petitioners prays that the said condition may be modified. Because of the onerous nature of the condition, the vehicles are even now exposed to sun and rain in the custody of the court, submits counsel.

2. The learned Prosecutor submits that in case this court is pleased to accept the request of the petitioners, they may be directed to deposit an amount of Rs.25,000/- each being the maximum fine payable for the alleged violation and then execute bonds for the Crl.M.C.Nos. 2382 & 2389 of 2007 2 balance amount with two solvent sureties each for the like sum. I am satisfied that the said suggestion, which is accepted by the counsel for the petitioners also, can be accepted.

3. These petitions are in these circumstances allowed. The condition that the petitioners and the sureties must produce solvency certificates is modified. It shall be sufficient if each petitioner deposits an amount of Rs.25,000/- before the learned Magistrate and executes a bond with two solvent sureties each for the balance amount. Insistence on production of solvency certificates by the sureties need not be made. It shall be sufficient if the sureties satisfy the learned Magistrate that they are adequately solvent by production of any appropriation document/material. (R. BASANT) Judge tm


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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