IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 Crl.MC.No. 2944 of 2008() ------------------------- CRA.15/2008 of SESSIONS COURT, THALASSERY MC.112/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... PETITIONER: APPELLANT/RESPONDENT -------------------------------- P.K.SUDHIR, S/O.KUMARAN, AGED 42 YEARS, PARAKKOTTIL HOUSE, KOTTAPPURAM, SREEKRISHNAPURAM, PALAKKAD DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENTS: RESPONDENT/PETITIONER ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, THE HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2944 of 2008 ---------------------------------------- Dated this the 11th day of August 2008 O R D E R The vehicle belonging to the petitioner was seized in connection with the investigation of a crime. The offence alleged was under Section 379 I.P.C. The petitioner is alleged to have stealthily removed the vehicle. Investigation is now complete. Final report has already been filed. It is a negative final report. The vehicle has been released to the petitioner herein. The petitioner was directed to produce the vehicle before court. The petitioner did not produce the vehicle. Consequently an order under Section 446 Cr.P.C has been passed. The petitioner preferred an appeal under Section 449 Cr.P.C. In such appeal, the learned Magistrate directed suspension of the order passed under Section 446 Cr.P.C. The execution of the order was suspended subject to the condition that bank guarantee for an amount of Rs.75,000/- must be furnished by the petitioner before the learned Magistrate. The petitioner applied for extension of time. Time was granted to execute the bond. The said period has also expired. It is at this stage that the petitioner has come to this court with the prayer that the condition imposed on the petitioner to furnish bank guarantee may be set aside. The Crl.M.C.No.2944/08 2 petitioner shall execute bond even for higher amount with sufficient sureties instead of bank guarantee. Insistence of bank guarantee cannot be complied with by the petitioner, it is submitted. 2. I am satisfied that rigid insistence of production of bank guarantee need not be imposed in the facts and circumstances of this case. It is sufficient if the petitioner, by producing original title deeds as offered by him, is able to instill the requisite satisfaction in the mind of the learned Magistrate. 3. In the result, a) This petition is allowed. b) The order dated 07/02/2008 is modified. Execution of the order shall now stand suspended on condition that the petitioner executes a bond for Rs.75,000/- (Rupees seventy five thousand only) along with two solvent sureties. The sureties must produce necessary original title deeds before the learned Magistrate to instill the requisite satisfaction in the mind of the learned Magistrate that they are solvent to the extent of the bond amount. c) The petitioner is further granted time till 01/09/2008 to execute the bond. (R.BASANT, JUDGE) jsr Crl.M.C.No.2944/08 3 Crl.M.C.No.2944/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008