IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 Crl.MC.No. 2335 of 2008() ------------------------- CMP.2957/2008 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONERS: ------------ 1. S.SUBRAMANYAN, S/O.SUBHAI THEVAR. NO.1320 T H WARD, SUNNAMBUKARI STREET, GUDHALLOOR.P.O. 2. THIRU ANTORY MUTHU, OLD NO.53, NEW NO.P-8, MANINAGARAM, CUMBUM, EDAMAPALAYAM TALUK, TENI. BY ADV. SRI.C.K.VIDYASAGAR SRI.P.CHANDY JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, RAMAMANGALAM POLICE STATION BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2335 of 2008 ---------------------------------------- Dated this the 24th day of June 2008 O R D E R The crux of the prayer made by the petitioners in these two petitions is that identical conditions imposed as per separate orders dated 19/5/2008 in Crl.R.P.Nos.1539/2008 and 1552/2008 may be modified and insistence on unencumbered immovable property as security equal to the value of the vehicle as condition for release of the vehicles may be dispensed with. 2. The learned Public Prosecutor raises no objection and submits that the investigation is complete and after the investigation, allegation has been raised only under Section 53 (A) of the Kerala Police Act. In these circumstances, subject to any appropriate modified conditions, the vehicles can be released to the petitioners, it is submitted. 3. I am, in these circumstances, satisfied that the condition imposed by the said orders can be modified in the light of the changed circumstances and it can be directed that the vehicles can be released to the petitioners concerned on appropriate conditions: Crl.M.C.No.2335/08 2 4. This petition is allowed. It is directed that the vehicles shall be released to the petitioners on the following terms and conditions: i) The petitioners shall produce documents to show that they are the persons entitled to possession of the vehicles. ii) The petitioners shall execute bonds equal to the value of the vehicle with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) In such bonds to be executed by them, they shall undertake that they shall produce the vehicles before the learned Magistrate or any other authority as and when directed. (R.BASANT, JUDGE) jsr Crl.M.C.No.2335/08 3 Crl.M.C.No.2335/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007