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N.M. NAVAS, S/O. MAJEED versus STATE OF KERALA

High Court of Kerala

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N.M. NAVAS, S/O. MAJEED v. STATE OF KERALA - Crl MC No. 2224 of 2007 [2007] RD-KL 12729 (11 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2224 of 2007()

1. N.M. NAVAS, S/O. MAJEED,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. S.H.O. CHAKKARAKKAL POLICE STATION,

For Petitioner :SRI.C.K.SREEJITH

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :11/07/2007

O R D E R

R. BASANT, J.


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Crl.M.C.No. 2224 of 2007
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Dated this the 11th day of July, 2007

O R D E R

The petitioner is aggrieved by the direction in Annex.A4 order passed under Section 451 Cr.P.C. in respect of release of a vehicle on condition of the petitioner "executing kychit for Rs.50,000/- with two solvent sureties each for the like sum and on production of their original title deeds and solvency certificate for Rs.50,000/- each."

2. The learned counsel for the petitioner submits that insistence that the sureties must produce both their title deeds as also solvency certificate is on the face of it unfair and unjust. It is not necessary to insist on both these sets of documents, at any rate.

3. I find merit in that submission of the learned counsel for the petitioner. I am at a loss to understand why such insistence should at all be made by the learned Magistrate. I take note of the fact that the petitioner was compelled to come to this court again seeking relief in respect of the vehicle. In these circumstances, I am satisfied that appropriate directions can be issued.

4. This Crl.M.C. is allowed. It is directed that the learned Magistrate need only insist that the sureties must produce either the Crl.M.C.No. 2224 of 2007 2 original title deeds or the solvency certificate and should not and need not insist on production of both. The learned counsel for the petitioner submits that already solvency certificate of the sureties as directed has been produced. If that be so, I direct the learned Magistrate to ensure that the needful is done and compliance is reported to this Court forthwith.

5. Call again on 23.7.2007. The Registry shall ensure that the compliance report is received from the learned Magistrate by then. (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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