IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Crl.MC.No. 860 of 2011() ------------------------ ORDER.275/2011 of SUB DIVISIONAL MAGISTRATE, THRISSUR CRIME NO.1140/2010 OF PUTHUKKAD POLICESTATION .................... PETITIONER(S): CLAIM PETITIONER ------------------------------- RAMESHKUMAR, S/O. GANGADHARA MENON, KEEZHUVEETTIL HOUSE, ARATTUPUZHA.P.O., THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, PUDUKKAD, THRISSUR DISTRICT. REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-680301. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.860 of 2011 -------------------------------------- Dated this the 21st day of March, 2011. ORDER The Puthukkad Police produced a scorpio car bearing registration No.KL-8Z/2797 before the Sub Divisional Magistrate, Thrissur registering a case as Crime No.1140 of 2010 under Section 102 of the Code of Criminal Procedure (for short, “the Code”). The Sub Divisional Magistrate entrusted the vehicle to the Sub Inspector for safe custody. Petitioner claimed release of the vehicle. The Sub Inspector reported that the vehicle is required for enquiry. The Sub Divisional Magistrate passed Annexure-3, order releasing the vehicle to the petitioner subject to certain conditions which included production of bank guarantee for Rupees seven lakhs. That part of Annexure-3, order is under challenge. 2. I have heard learned counsel for petitioner and the learned Public Prosecutor. Learned counsel submitted that it is difficult for petitioner to produce bank guarantee for Rupees seven lakhs. It is also submitted that the vehicle in question is of 2003 model and not valued at Rupees seven lakhs. 3. From Annexure-2, report submitted by the Sub Inspector, Puthukkad, to the Sub Divisional Magistrate it is seen that there is no other case pending at Puthukkad Police Station with respect to the vehicle and that he is Crl.MC No.860/2011 2 enquiring whether any case is pending in any other Police Station with respect to the said vehicle. In the circumstances the Sub Divisional Magistrate thought it fit to release the vehicle. 4. Question for consideration is whether petitioner has to produce bank guarantee for Rupees seven lakhs. Having regard to the difficulties expressed by the learned counsel I am inclined to think that instead of bank guarantee it is sufficient that petitioner executed bond for Rupees seven lakhs with two solvent sureties (solvency certificate need not be insisted upon) to the satisfaction of the Sub Divisional Magistrate. The sureties however shall produce attested photocopy of title deeds in respect of the property they offer as security along with recent receipt for payment of land revenue for such property before the Sub Divisional Magistrate while executing the bond as stated above. Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks