IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 Crl.MC.No. 2972 of 2008() ------------------------- CMP NO.1520/08 OF THE JFMC-I, ALUVA. CRIME NO.785/07 OF ALUVA POLICE STATION PETITIONER: ------------ NISSAR V.K., AGED 32 YEARS, S/O KUNJUMUHAMMED, 9/140, BAHARI COTTAGE, VELLANI, EDATHALA, N.A.D. P.O. BY ADV. SRI.K.SUNILKUMAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2972 of 2008 ------------------------------------------------- Dated this the 13th day of August, 2008 ORDER In pursuance of the order dated 11/7/2008 in Crl.M.C.No.2408/08, the learned Magistrate has passed the impugned order under which the petitioner was directed to furnish bank guarantee of Rs.10 lakhs. The learned counsel for the petitioner submits that the amount fixed by the learned Magistrate is grossly excessive and that the value of the two vehicles put together will not exceed Rs.6 lakhs. 2. The learned Public Prosecutor, after taking instructions, submits that in the assessment of the prosecution on the basis of the valuation made by the Assistant Motor Vehicle Inspector, the total value of the two vehicles would exceed Rs.11 lakhs. 3. The learned counsel for the petitioner, in these Crl.M.C. No. 2972 of 2008 -: 2 :- circumstances, prays that a further opportunity may be given to the petitioner to satisfy the learned Magistrate by securing a report from the Mechanical Engineer attached to the Excise Department that the actual value of the two vehicles put together will not exceed Rs.6 lakhs. 4. I am satisfied, in these circumstances, that the impugned order can be set aside and the petitioner can be given an opportunity to place before court all relevant materials in support of his contention that the value of the two vehicles put together will not exceed Rs.6 lakhs. After conducting enquiry pointedly into this aspect, the learned Magistrate can fix appropriate amount as value of the vehicles. 5. This Crl.M.C. is accordingly allowed to the above extent. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 2972 of 2008 -: 3 :-