IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Crl.MC.No. 5010 of 2010() ---------------------- CMP.3334/2010 of JUDL. FIRST CLASS MAGISTRATE COURT-II, ATTINGAL CRIME NO. 477/2010 OF KILIMANOOR POLICE STATION ................. PETITIONER / DEFACTO COMPLAINANT: ------------------------------------------------------------ ABDUL MAJEED, S/O.BEERAN, PURAYIL VEEDU, PUTHOOR VILLAGE, KOZHIKODE DISTRICT. BY ADV. SRI.SHAJIN S. HAMEED RESPONDENT / STATE : ---------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 5010 OF 2010 =========================== Dated this the 22nd day of December,2010 ORDER By Annexure B order Judicial First Class Magistrate-II, Attingal granted interim custody of the cash seized in crime 477/2010 of Kilimanoor Police Station on conditions. Second condition was that one of the sureties should be a native of Thiruvananthapuram District. Petition is filed under section 482 of the Code of Criminal Procedure to quash the said condition contending that as petitioner is a resident of Kozhikode, he is not in a position to arrange a surety from Thiruvananthapuram. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. By Annexure B order Rs.1,36,000/- is Crl.M.C.5010/2010 2 released on execution of bond for Rs.1,00,000/- with two solvent sureties each. Condition No.3 provides that atleast one of the sureties should produce a copy of the solvency certificate to a tune of Rs.1,00,000/-. In such circumstances, I do not find that condition No.2 is necessary. Petition is allowed. Condition No.2 in Annexure B order is deleted providing that Magistrate shall be satisfied about the solvency of the sureties. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006