IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Crl.MC.No. 1622 of 2008() ------------------------- CMP.450/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... PETITIONER: ------------ KIZHAKKINIYATH ABDUL NAZER, S/O.KUNHALIKUTTY NAHA, NEDUVA AMSOM & DESOM, TIRURANGADI TALUK, P.O.CHETTIPPADI, MALAPPURAM DISTRICT. BY ADV. SRI.M.P.MOHAMMED ASLAM RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, TANUR, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1622 of 2008 ---------------------------------------- Dated this the 29th day of May 2008 O R D E R The petitioner is the owner of a vehicle, a motorcycle. He had given it to one of his friends for his use. The said friend, along with two others had allegedly travelled in the motorcycle to reach the scene of the crime. At such scene they had allegedly committed offences punishable inter alia under Section 308 Cr.P.C. Vehicle was seized by the police. The petitioner applied for release of the vehicle. Interim custody of the vehicle was granted to him under Annexure B order on condition that the sureties must produce solvency certificates to secure release of the vehicle. The vehicle is directed to be released on condition that the petitioner executes a bond for Rs.50,000/- with two solvent sureties. The petitioner is aggrieved by that part of the direction which obliges the sureties to produce solvency certificates. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the insistence on production of solvency Crl.M.C.No.1622/08 2 certificates by the sureties can be dispensed with. In the facts and circumstances of this case, I find no justification for such insistence. It is sufficient if the learned Magistrate satisfies himself about the adequacy and solvency of the sureties. 3. This petition is in these circumstances allowed. The direction in the impugned order that the sureties must produce solvency certificates is deleted. (R.BASANT, JUDGE) jsr Crl.M.C.No.1622/08 3 Crl.M.C.No.1622/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007