IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 Crl.MC.No. 1773 of 2011() ------------------------------------ CRIME NO.115/2011 OF PERUNAD POLICE STATION. ............. PETITIONER/R.C. OWNER: -------------------------------------- K.P. BINU, S/O.PONNAPPANACHARY, KEELETHIL HOUSE, MADAMON, PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT (R.C. OWNER) BY ADV. SRI.V.SETHUNATH, SRI.PRAKASH KESAVAN. RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. THE SUB INSPECTOR OF POLICE, PERUNAD POLICE STATION, PATHANAMTHITTA DISTRICT, PIN-689 645. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 1773 of 2011 APPENDIX PETITIONER'S ANNEXURES : ANNEXURE 1: COPY OF THE F.I.R. AND F.I.S. ANNEXURE 2: COPY OF THE VEHICLE PARTICULARS. ANNEXURE 3: COPY OF THE ORDER IN CRL.MP.NO.3038/2011 BY THE J.F.M.C. NO.1, RANNI. ANNEXURE 4: COPY OF THE TAX RECEIPT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1773 of 2011 -------------------------------------- Dated this the 15th day of June, 2011. ORDER Petitioner is aggrieved by the condition imposed by learned Judicial First Class Magistrate-I, Ranni in the order dated June 2, 2011 on Crl.M.P.No.3038 of 2011 (in Crime No.115 of 2011 of Perunad Police Station). The vehicle belonging to the petitioner was taken to custody by the Perunad Police in connection with the said case involving offence under Section 511 of 376 of the Indian Penal Code. Learned Magistrate granted interim custody of the vehicle to the petitioner subject to certain conditions including that he shall execute bond for Rupees one lakh and produce bank guarantee for `.75,000/-. The condition requiring bank guarantee is under challenge. Learned counsel submitted that petitioner is not able to raise the amount and obtain bank guarantee for the said amount. I have heard learned Public Prosecutor also. 2. Having regard to the facts and circumstances I consider it sufficient that petitioner executed bond for `.1,75,000/- with two sureties for the like sum each to the satisfaction of learned Magistrate and one of the sureties produced solvency certificate for the said amount. Crl.MC No.1773/2011 2 Resultantly this Criminal Miscellaneous Case is allowed to the extent that condition (2) imposed by learned Magistrate in the order dated June 2, 2011 is lifted and instead, condition (1) is modified in the following lines: i. Petitioner shall execute bond for `.1,75,000/- with two sureties for the like sum each to the satisfaction of learned Magistrate. ii. One of the sureties shall produce solvency certificate for the said amount. THOMAS P.JOSEPH, Judge. cks