IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 Crl.MC.No. 3722 of 2010() ------------------------- (AGAINST THE ORDER in Crl.M.P.863/2010 DATED 20/05/2010 OF THE ADDITIONAL SESSIONS JUDGE-I, THIRUVANANTHAPURAM IN CRIME NO.507/09 OF VENJARAMOODU POLICE STATION). .................... PETITIONER/PETITIONER: --------------- SIVAKUMAR, KIZHAKKEVILA PUTHEN VEEDU, ATTINGAL, THIRUVANANTHAPURAM. BY ADVS. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.P.M.SANEER RESPONDENT/COUNTER PETITIONER --------------------------------- THE CIRCLE INSPECTOR, VENJARAMOODU POLICE CIRCLE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/09/2010, ALONG WITH CRL.MC. 3724/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. ------------------------------------------------------ CRL.M.C.NO.3722 & 3724 OF 2010 ----------------------------------------------------- Dated 9th September, 2010 O R D E R By Annexure-B order in Crl.M.P.863/2010 dated 20/5/2010 Additional Sessions Judge, Thiruvananthapuram directed to release four autorickshaws mentioned therein to the petitioner on interim custody. Crl.M.C.3722/2010 is filed for a direction to Additional Sessions Judge not to insist to produce solvency certificates. Annexure-B order only provides that petitioners shall execute a bond for Rs.50,000/- with two solvent sureties for the like sum. Order does not provide that solvency certificate is to be produced by the surety. Petitioner is not entitled to get an order that the surety shall not be solvent. Similarly, by Annexure-B order in Crl.M.C.3724/2010, four autorickshaws were Crmc 3722 & 3724/10 2 released under Section 451 of Code of Criminal Procedure on executing a bond for Rs.50,000/- with two solvent sureties. Petition is filed for a direction to the learned Additional Sessions Judge, Thiruvananthapuram not to insist for production of solvent sureties. Annexure-B order does not provide that sureties shall produce solvency certificate. Learned Sessions Judge is justified in insisting that sureties must be solvent. In the nature of Annexure-B order I find no direction is warranted, except making it clear that sureties need not be necessarily produced solvency certificates, as the order does not provide so. Petitions are disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.