IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Crl.MC.No. 4256 of 2011() --------------------- CMP.1693/2011 OF FIRST CLASS JUDICIL MAGISTRATE COURT, KOTHAMANGALAM .................. PETITIONER / 1ST ACCUSED : ------------------------------------------- MUHAMMAD SAJIDH, AGED ABOUT 38 YEARS, S/O.ABDUL KHADER POOZHIYIL P.K.HOUSE, TELLISSERY POST, KANNUR DISTRICT & NOW RESIDING AT KOVAKKATTU HOUSE, AMBATTUKARA, ALUVA WEST VILLAGE. BY ADV. SRI.M.ZIYAD RESPONDENT : ----------------------- SUB INSPECTOR OF POLICE, KUTTAMPUZHA POLICE STATION, ERNAKULAM DISTRICT REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 4256 of 2011() APPENDIX PETITIONERS' EXHIBITS : ANNEXURE-A1: TRUE COPY OF THE FIR 101 OF 2011 REGISTERED BY THE RESPONDENT. ANNEXURE-A2: TRUE COPY OF THE ORDER IN C.M.P.NO.1693 OF 2011 IN CRIME NO.101 OF 2011 ANNEXURE-A3: TRUE COPY OF THE PLAINT SUBMITTED BY THE DEFACTO COMPLAINANT BEFORE THE SUB COURT, MUVATTUPUZHA. ANNEXURE-A4: TRUE COPY OF THE INTIMATION GIVEN TO THE SUB INSPECTOR OF POLICE, KUTTAMPUZHA POLICE. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4256 of 2011 ----------------------------------- Dated this the 20th day of December 2011 O R D E R As per Annexure A2 order, the two vehicles and mobile phone which were seized from the possession of the petitioner were requested to be given custody to the petitioner. That petition was allowed under Sec.451 Cr.P.C., but the condition imposed by the court below to furnish cash security or bank guarantee of Rs.1 lakh is under challenge in this petition. 2. According to the petitioner, the balance amount payable by him to the complainant is only Rs.77,000/-. For the very same amount a suit was filed by the complainant before the Sub court where from an order of attachment was obtained by the complainant. As per that order of attachment, the two vehicles mentioned in Annexure A2 were ordered to be attached by that court. Therefore, if the Crl.M.C. No.4256 of 2011 -: 2 :- petitioner is getting release to those two vehicles he has to furnish security before that court as may be directed by that court. 3. Considering all the aspects, I find that the two vehicles mentioned in Annexure A2 order shall be released to the petitioner on his executing a bond for Rs.4,00,000/- with two solvent sureties each for the like amount. In other words, the direction to furnish cash security/bank guarantee is deleted. The other conditions will remain as it is. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt