IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 4TH APRIL 2007 / 14TH CHAITHRA 1929 Crl.MC.No. 978 of 2007() ------------------------ CMP.765/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM. CRIME NO.528/05 OF THE KUNNAMKULAM POLICE STATION. .................... PETITIONER: ------------ P.M.KABEER,S/O.MOIDU,PAMPINEZHATH HOUSE, NEAR ORUMANAYUR VILLAGE OFFICE,ORUMANAYUR P.O, CHAVAKKAD TALUK,THRISSUR DISTRICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- CRL.M.C.NO. 978 OF 2007 ------------------------------------------------- Dated this the 4th day of April, 2007 ORDER The learned counsel for the petitioner prays, the learned Public Prosecutor does not seriously oppose the said prayer and I am satisfied that Condition No.2 imposed on the petitioner by the learned Magistrate, when the learned Magistrate directed release of an amount of Rs.6,59,500/- to him, can be modified. 2. The petitioner is the victim of a crime. An amount of Rs.44.1 lakhs was allegedly taken away from the driver/employee of the petitioner. A complaint has been filed. Investigation is in progress. An amount of Rs.6,59,500/- has been recovered. There is no contention for any one that the amount does not belong to the petitioner. The learned Magistrate cautiously directed release of the amount on condition that the petitioner executes a bond for Rs.10 lakhs with two solvent sureties each for the like sum. The learned CRL.M.C.NO. 978 OF 2007 -: 2 :- Magistrate further directed under the impugned condition that the sureties must produce solvency certificates. 3. The learned counsel for the petitioner submits that insistence on production of solvency certificates would work out great prejudice and unnecessary delay. The petitioner is the victim of the crime. There is no worthwhile dispute on the question that the amount belongs to him. In these circumstances, it was unnecessary to impose the onerous condition that the sureties must produce solvency certificates, it is urged. 4. I agree with the learned counsel for the petitioner. It is not necessary to rigidly insist on production of solvency certificates. Earlier direction that the sureties must be solvent is, according to me, sufficient. The learned Magistrate shall insist that the sureties are sufficient and solvent; but need not insist rigidly on production of solvency certificates for that purpose. 5. This Crl.M.C. is accordingly allowed to the above extent. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. To Judge