IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 Crl.MC.No. 4024 of 2010() ------------------------------- CMP.2197/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA, CRIME NO. 736/2007 OF THALIPARAMBA POLICE STATION. .................... PETITIONER(S): DEFACTO COMPLAINANT ------------------------------------------------ MUHAMMED MUSTAFA, S/O. ALAVI, AGED 32, PERAPRAM HOUSE, MANGALASSERY, KARUVAMBRAM P.O., MALAPPURAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): STATE ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, THALIPARAMBA POLICE STATION, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4024 OF 2010 --------------------------------------------- Dated 24th November, 2010 O R D E R By Annexure-VI order in C.M.P.2197/2009 Judicial First Class Magistrate, Taliparamba granted interim custody of Maruti Versa car No.MH-02/WA-2147 to the petitioner on conditions. First condition was to furnish a solvency certificate to the tune of Rs.Six Lakhs with two solvent sureties for the same amount. Petition is filed under Section 482 of Code of Criminal Procedure to quash the said condition. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Argument of the learned counsel appearing for the petitioner is that value of the vehicle is far less than the amount for Crmc 4024/10 2 which solvency certificate was directed to produce. Annexure-VI order does not show on what basis Rs.Six Lakhs was fixed as the amount which solvency certificate is to be produced. In view of the statement that value of the vehicle will be far less, Annexure-VI order can only be quashed. Petition is allowed. Annexure-VI order is quashed to the limited extent of the quantum of solvency certificate fixed. Judicial First Class Magistrate, Taliparamba is directed to get a report from the Motor Vehicle Inspector regarding value of the vehicle and thereafter pass appropriate order in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.