IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 Crl.MC.No. 3574 of 2009 ---------------------------------- CRL.MP.NO.2157/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PERINTHALMANNA. .................... PETITIONER/ ACCUSED: ----------------------------------- GOEL ROAD CARRIERS, RDG HOUSE, AG-66, SGT NAGAR, NEW DELHI AND BRANCH OFFICE AT NO.B 161-162, DEVARAJ URS TRUCK TERMINAL, INDUSTRIAL SUBURB, 2ND STAGE YESSHWANTHPUR, BANGALORE-22, REPRESENTED BY ITS BRANCH MANAGER AND P/A HOLDER V.S.DWIVEDI. BY ADVS. MR.RAJESH THOMAS, MR.JIJO JOSEPH, MR.K.RAJESH (AROOR), SMT.PREETHA .S. CHANDRAN. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE, REPRESENTED BY STATION HOUSE OFFICER, KOLATHUR POLICE STATION, MALAPPURAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3574 OF 2009 ------------------------------------------ Dated 24th November 2009 O R D E R By Annexure-13 order Judicial First Class Magistrate-I, Perinthalmanna directed to release the trailer bearing registration No. HR-63A/6486 to the petitioner, on executing a bond for Rs.20 Lakhs with two solvent sureties for the like sum on condition that petitioner shall produce the vehicle as and when required. This petition is filed under Section 482 of Code of Criminal Procedure to modify the condition in Annexure-13 order, contending that direction to execute bond of Rs.20 Lakhs by two solvent sureties is too onerous and the amount may be reduced. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel submitted that direction to execute bond for Rs.20 Lakhs is too onerous considering the value of the trailer and the fact that bond is to be executed by two sureties for the said amount. Learned counsel submitted that Crmc 3574/09 2 in any case, cargo loaded in the trailer be released without any condition. 4. Learned Public Prosecutor submitted that petitioner has not even disclosed the identity of the driver who was driving the trailer at the time of accident and without reporting to the police he escaped from the spot and in such circumstances, there is no justification in reducing the quantum of the bond. 5. Annexure-13 order shows that learned Magistrate did not direct the petitioner either to deposit Rs.20 Lakhs or to furnish bank guarantee for that amount. Instead there was only a direction to execute a bond with two solvent sureties for the like sum. Considering the value of the trailer, I do not find that the direction to execute bond for Rs.20 Lakhs is too onerous. In such circumstances, I find no necessity to modify the condition as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 3574/09 3