IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Crl.MC.No. 737 of 2008() ------------------------ CMP.4519/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAPPANA .................... PETITIONER: PETITIONER ---------------------- NOOH, AGED 28 YEARS, S/O.KUNJUMUHAMMED, THOTTIPPARAMBIL HOUSE, PATHINARAMKANDAM KARA, VATHIKKUDY VILLAGE. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KATTAPPANA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI,M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. M.C. No. 737 of 2008 * * * * * * * * * * * * * * * * * * Dated: 26-02-2008 ORDER The petitioner who claims to be the registered owner of a Mahindra Jeep bearing Reg. No. KL-6-9203 involved in Crime No. 375 of 2007 of Kattappana Police Station, in an abkari case filed C.M.P. No. 4519 of 2007 before the J.F.C.M., Kattappana claiming interim release of the said vehicle. Petitioner is not an accused in the above case. The learned Magistrate as per Annexure B order dated 17-09-2007 in C.M.P. No. 4519 of 2007 granted interim custody of the vehicle to the petitioner on the petitioner executing a bond for Rs. 1,50,000/- with two solvent sureties each for the like amount and on production of solvency certificate for the aforesaid amount by the sureties. It is the said condition insisting on the production of solvency certificate by the sureties which is sought to be modified in this Crl. M.C. 2. Insistence of solvency certificate to be produced by the sureties was unnecessary. However, the bond amount is on the lower side. Accordingly, the petitioner shall make a Crl. M.C. No. 737 of 2008 -:2:- cash deposit of Rs. 10,000/- (Rupees ten thousand only) before the Magistrate and shall also execute a bond for Rs. 3,00,000/- (Rupees three lakhs only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Kattappana but without insisting on production of solvency certificate by the sureties. The petitioner shall also undertake the following before getting the vehicle released. 1. The petitioner shall not permit the user of the lorry for any illicit purpose 2. The petitioner shall not transfer wholly or in part the lorry to any other person. 3. The petitioner shall produce the lorry before the Magistrate as and when directed to do so in the same condition in which it is released to him . 4. The interim custody of the lorry shall be subject to final orders, if any, to be passed for confiscation. This Crl. M.C. is disposed of as above. Sd/-V. RAMKUMAR, JUDGE. ani Crl. M.C. No. 737 of 2008 -:3:-