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SHAJI, S/O.SREEDHARAN, AGED 38 YEARS versus THE STATION HOUSE OFFICER

High Court of Kerala

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SHAJI, S/O.SREEDHARAN, AGED 38 YEARS v. THE STATION HOUSE OFFICER - Crl MC No. 559 of 2007 [2007] RD-KL 4817 (6 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 559 of 2007()

1. SHAJI, S/O.SREEDHARAN, AGED 38 YEARS,
... Petitioner

Vs

1. THE STATION HOUSE OFFICER,
... Respondent

For Petitioner :SRI.C.V.BIMAL ROY

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :06/03/2007

O R D E R

R. BASANT, J.

CRL.M.C.NO. 559 OF 2007

Dated this the 6th day of March, 2007

ORDER

In this Crl.M.C. the petitioner complains about the onerous condition imposed on him as Condition No.1 when the vehicle belonging to him was directed to be released as per the order dated 14/2/207 by the learned Magistrate. The said condition obliges the petitioner to furnish bank guarantee for Rs.4 lakhs being the value of the vehicle.

2. The learned counsel for the petitioner submits that the insistence on production of bank guarantee in addition to the obligation to execute a bond for Rs.4 lakhs with two solvent sureties each for the like sum is unjustified and unnecessary. The condition that the petitioner must execute a bond for Rs.4 lakhs with two solvent sureties each for the like sum will safeguard the interests of the State. In these circumstances, the said condition may be deleted, it is prayed.

3. I find merit in the contention raised by the learned counsel for the petitioner. I do not find it necessary to insist on such an onerous condition as production of bank guarantee CRL.M.C.NO. 559 OF 2007 -: 2 :- for the entire value of the vehicle. Condition No.2 which obliges the petitioner to execute a bond for Rs.4 lakhs with two solvent sureties each for the like sum which condition is not challenged, I am satisfied, shall serve the ends of justice eminently.

4. In the result, this Crl.M.C. is allowed in part. Condition No.1 obliging the petitioner to furnish bank guarantee as condition for release of the vehicle is hereby deleted. The learned Magistrate shall, of course, insist on appropriate and sufficient sureties to execute the bond. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. to Judge


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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