IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Crl.MC.No. 2126 of 2011() ------------------------- CRIME NO. 12/2011 OF PAYYANNUR POLICE STATION ............... PETITIONER / PETITIONER : ------------------------------------------ SUBAIDA, D/O.NURUDHEEN KUNHU, AGED 40 YEARS, EDATHUMUKKU HOUSE, ELAPPARA AMSOM, PEERUMEDU, IDUKKI. BY ADVS. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENTS / STATE & RESPONDENTS : -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA AT ERNAKULAM - 682 031. 2. THE SHO, PAYYANNUR POLICE STATION, KANNUR - 620 307. 3. THE MANAGING DIRECTOR, SHRIRAM TRANSPORT FINANCE CO.LTD., ERNAKULAM - 682 011. R1 & R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 2126 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - A : COPY OF THE AUTHORISATION LETTER DATED 07.02.2011 EXECUTED BY SHAJI E.I., PETITIONER'S HUSBAND, IN HER FAVOUR. ANNEXURE - B : CERTIFIED COPY OF THE ORDER DATED 24.02.2011 OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE, PAYYANNUR, IN C.M.P. NO. 678 OF 2011 IN CRIME NO. 12 OF 2011. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2126 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner filed this petition being aggrieved by the order passed under Section 451 of Code of Criminal Procedure, directing release of his Tata Sumo bearing Reg.No.KL-4/P-4430 during pendency of the trial of the case. While directing release of the vehicle learned Magistrate has imposed the following conditions: 1. The petitioner shall execute a bond for Rs.10 lakhs with 2 solvent sureties each for the like sum. The sureties shall produce the solvency certificate. 2. She shall produce the documents to prove her identity and the registration certificate in respect of the vehicle. 3. She shall produce the vehicle without making any alteration before the court as and when required to do so. 3. Learned counsel for the petitioner states that the vehicle is of 2003 model and the market value of the vehicle will not be more than Rs.2,00,000/-. Considering the nature of the allegation and the fact that the petitioner is not involved in the crime as alleged, I modify Crl.M.C.No.2126 OF 2011 2 condition No.1 to the extent that petitioner shall furnish bond for Rs.3,00,000/- with one solvent surety each for the like sum to the satisfaction of the learned Magistrate. 4. The order dated 24th February 2011 passed in C.M.P.No.678/2011 by Judicial First Class Magistrate, Payyannur arising out of Crime No.12/11 of Payyannur Police Station is modified accordingly. All other conditions imposed by the learned Magistrate shall remain the same. Criminal M.C. is disposed of. B.P.RAY, JUDGE jes