IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P. JOSEPH MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 Crl.MC.No. 492 of 2011() ------------------- CMP.2776/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MANJERI .............. PETITIONER / COUNTER PETITIONER : --------------------------------------------------------- PAMPADAN MUHAMMED, S/O.MOIDEENKUTTY, VILAYIL, AREACODE, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT / STATE : ---------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/02/2011, ALONG WITH CRMC NO. 493 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 492 of 2011() -2- ORDER ON CRL.M.A. NO. 970/2011 IN CRL.M.C. NO. 492/2011 DISMISSED 28/02/2011 SD/- THOMAS P. JOSEPH , JUDGE //TRUE COPY// P.S. TO JUDGE Mn THOMAS P. JOSEPH,J. ........................................... CRL.M.C.NOS.492 & 493 OF 2011 ............................................. Dated this the 28th day of February, 2011. O R D E R These petitions arise from C.M.P.Nos.2776 and 2777/2005 of the court of learned J.F.C.M, Manjeri. 2. Two vehicles belonging to the petitioner were seized for alleged illicit transportation of river sand. Petitioner was given interim custody of the said vehicles as per the order of this Court in Crl.M.C.Nos.1742/2005 and 1741/2005, respectively on condition that petitioner executed bonds for the amount mentioned therein with two sureties each for the like sum each who shall produce solvency certificates within three months from the date of the order. Petitioner could not produce the solvency certificate within the said time. Petitioner filed Crl.M.C.Nos.3502/2005 and 3515/2005 to stay further proceedings when the learned Magistrate proceeded to forfeit the bonds for failure of petitioner to produce solvency certificates within the time granted by this Court. It : 2 : CRL.M.C.NOS.492 & 493 OF 2011 is submitted that those Crl.M.Cs were disposed of as infructuous by this Court on the impression that proceedings in respect of the vehicles were closed by the learned Magistrate. Even after disposal of those Crl.Mcs learned Magistrate is proceeding with action to forfeit the bond and take custody of the vehicles. Petitioner therefore requests this Court to modify the condition to produce solvency certificates. It is also submitted by the learned counsel that at present there is no proceeding pending against the vehicles before any authority. 3. I have heard the learned Public Prosecutor also in this regard. 4. The question whether any proceeding is pending before any authority concerning the matter is not required to be gone into in these proceedings as the present request is only to modify the condition for production of solvency certificates. Learned counsel submits that petitioner is unable to produce solvency certificates. 5. Having regard to the circumstances stated before me, I consider that it is sufficient that petitioner in both : 3 : CRL.M.C.NOS.492 & 493 OF 2011 the cases produced certified copy of title deed and receipt for recent payment of revenue of the property offered as security. Resultantly, these petitions are disposed of modifying the condition for production of solvency certificates as requiring petitioner to produce certified copy of title deed and receipt for recent payment of revenue in respect of property which is offered as security by the sureties concerned before the learned Magistrate, within two months from this date. Until then proceedings concerning the vehicles initiated by the learned Magistrate shall remain in abeyance on condition that petitioner shall not dispose of the vehicles during the said period. sd/= THOMAS P. JOSEPH, JUDGE. cl /true copy/ P.A. to Judge. : 4 : CRL.M.C.NOS.492 & 493 OF 2011