IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.MC.No. 1153 of 2011() ------------------------- CRMP.856/2011 of SESSIONS COURT, ERNAKULAM CRIME NO.583/2011 OF THOPPUMPADY POLICESTATION .................... PETITIONER(S): --------------- ABDUL KHADER S/O.AHAMMADUNNI,AGED 50 YEARS, MANICHERY (H) EDAYAPURAM,ALUVA, ERNAKULAM DIST. BY ADV. SRI.M.J.SANTHOSH RESPONDENT(S): --------------- STATE OF KERALA REP BY CIRCLE INSPECTOR OF POLICE, PALLURUTHY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1153 of 2011 --------------------------------------- Dated this 12th day of April, 2011 ORDER Petitioner is aggrieved by the condition imposed by learned Sessions Judge, Ernakulm in the order dated 29.03.2011 in C.M.P.No.856 of 2011. The vehicle belonging to the petitioner is allegedly involved in Crime No.583 of 2011 of Thoppumpady Police Station for offences punishable under Sec.22(c) of the N.D.P.S Act, 1985. It is alleged that accused 1 and 2 were using the said vehicle for transportation of narcotic substance/drug. Petitioner being owner of the vehicle sought its interim custody. Learned Sessions Judge allowed C.M.P.No.856 of 2011 and ordered interim custody of the vehicle to be given to the petitioner but subject to the condition that petitioner shall produce bank guarantee for `.3,50,000/-. Petitioner says that his son died on 06.03.2011. Petitioner says about his financial difficulty to raise the amount and produce bank guarantee. It is submitted that petitioner is prepared to execute bond for the sum of `.3,50,000/- and within two months from the date of execution of bond produce solvency certificate of atleast one of the sureties. I have heard learned Public Prosecutor also. 2. Having regard to the circumstances stated, I am inclined crl.M.C.No.1153/2011 2 to think that instead of producing bank guarantee petitioner can be directed to execute bond for `.3,50,000/- with two sureties for the like sum each to the satisfaction of learned Sessions Judge subject to other conditions prescribed hereunder. Resultantly this criminal miscellaneous case is allowed and the condition imposed by the learned Sessions Judge for production of bank guarantee in the order dated 29.03.2011 on C.M.P.No.856 of 2011(in Crime No.583 of 2011 of Thoppumpady Police Station) is set aside. Instead, it is directed that petitioner shall execute bond for `.3,50,000/- (Rupees Three Lakh Fifty Thousand Only) with two solvent sureties for the like sum each to the satisfaction of learned Sessions Judge subject to the condition that petitioner shall produce solvency certificate of atleast one of the sureties within two months from the date of execution of the bond. The sureties shall, at the time of execution of the bond produce attested photocopy of their title deeds in respect of property which is offered as security. Other conditions imposed by the learned Sessions Judge will remain in force. (THOMAS P JOSEPH, JUDGE) Sbna/-