IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 Crl.MC.No. 2632 of 2008(F) ------------------------------------- (C.M.P. NO. 1968/2008 OF THE JUDICIAL MAGISTRATE OF 1ST CLASS, PATTAMBI) ........... PETITIONER/ PETITIONER: -------------------------------------- P.P.MUHAMMEDALI, AGED 38 YEARS, S/O.ABOOBACKER MASTER, PALAKKAPARAMBIL VEEDU, THATHANAMPULLI DESOM, KULUKKALLOOR AMSOM, OTTAPALAM TALUK. BY ADV. SRI.SUNNY MATHEW. RESPONDENT: --------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2632 of 2008 ---------------------------------------- Dated this the 18th day of July 2008 O R D E R The petitioner, whose vehicle was seized by the police on the allegation that the miscreants/accused had travelled in that vehicle to reach the scene of the crime, approached the learned Magistrate with an application under Section 451 Cr.P.C for release of the vehicle. The learned Magistrate directed release of the vehicle on condition that the petitioner must execute a bond for Rs.3,00,000/- with two solvent sureties who, it was observed, must produce their solvency certificates. The grievance of the petitioner is only against the insistence on production of solvency certificates. In the facts and circumstances of this case, there was actually no reason to impose on any condition. But, at any rate, the imposition of the onerous condition that the petitioner must produce sureties with solvency certificates is not justified at all, submits the learned counsel for the petitioner. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the said prayer. I am satisfied that the said condition can now be deleted. In the result, this Crl.M.C is allowed. The condition that the sureties must produce solvency certificates is hereby deleted. (R.BASANT, JUDGE) jsr Crl.M.C.No.2632/08 2 Crl.M.C.No.2632/08 3 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008