IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 Crl.MC.No. 1795 of 2011() ----------------------------------- (CRIME NO. 13/2010 OF EXCIE ENFORCEMENT AND NARCOTIC BUREAU, ERNAKULAM) .............................. PETITIONER(S): 2ND ACCUSED ---------------------------------------------- V.C.JOSE, AGED 60 YEARS, S/O. CHACKO, VALIYAPUTHENPURAYIL HOUSE, PERUMTHOTTY P.O., THOPRAMKUDY, IDUKKI DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1795 of 2011() ANNEXURE ANNEXURE A : COPY OF THE ORDER DT. 14.10.10 IN CRL.M.P. 2933/2010 OF THE PRINCIPAL SESSIONS COURT, ERNAKULAM ANNEXURE B : COPY OF THE REGISTRATION CERTIFICATE OF KL 13-E- 7464 JEEP // TRUE COPY // PA TO JUDGE smt THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Crl.M.C. No.1795 of 2011 ~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June 2011 O R D E R Learned Public Prosecutor takes notice for respondent. Petitioner is the 2nd accused in Crime No.13 of 2010 of the Excise Enforcement and Narcotic Bureau, Ernakulam for offence punishable under Sec.20(b)(ii) of the Narcotic Drugs Psychotropic Substances Act, 1985 for allegedly transporting 13 kgs of ganja in jeep No.KL-13E/ 7464 said to be belonging to the petitioner. Petitioner filed Crl.M.P.No.2933 of 2010 to release that vehicle under Sec.451 of the Code of Criminal Procedure (for short, “the Code”). Learned Sessions Judge, Ernakulam vide Annexure- A1 order dated 14.10.2010 allowed the request but subject to conditions which included that petitioner shall produce bank guarantee for `1,05,000/- and execute bond for Crl.M.C. No.1795 of 2011 -: 2 :- `1,05,000/- with two solvent sureties for the like sum each. Petitioner is aggrieved by the condition to produce bank guarantee and has filed this Crl.M.C. Learned counsel submitted that on account of financial difficulties petitioner is unable to raise `1,05,000/- and produce bank guarantee. Learned Public Prosecutor submitted that petitioner is involved in a serious offence and that stringent condition is required while granting interim custody of vehicle. 2. Having heard both sides and considered the submission made by the learned counsel for petitioner, I am inclined to think that the condition can be modified as requiring petitioner to execute bond for `2,10,000/- with two solvent sureties instead of directing petitioner to execute bond for `1,05,000/- and produce bank guarantee for similar amount. Resultantly, this Crl.M.C. is allowed in the following lines :- (1)Condition Nos.1 and 2 imposed by the learned Crl.M.C. No.1795 of 2011 -: 3 :- Sessions Judge, Ernakulam in the order dated 14.10.2010 on Crl.M.P.No.2933 of 2010 (in Crime No.13 of 2010 of Excise Enforcement and Narcotic Bureau, Ernakulam) is modified as requiring petitioner to execute bond for `2,10,000/- with two solvent sureties for the like sum each to the satisfaction of the court concerned. Atleast one of the sureties shall produce solvency certificate for the said amount before taking delivery of the vehicle. (2)It is also directed that before taking delivery of the vehicle petitioner shall produce self attested photographs of the vehicle before the court which releases the vehicle. THOMAS P. JOSEPH, JUDGE. Jvt