IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 3977 of 2008() ------------------------- CRIME NO. 618/05 OF KOLLAM EAST POLICE STATION CMP.5620/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER(S): PETITIONER ------------------------- P V MATHEW, CHAIRMAN, NEDUMKANDOM CULTURAL SOCIETY, PANACKAL VEEDU, SANYASIODA.P.O. KOLLAM. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S): COUNTER PETITIONERS/RESPONDENT --------------------------------------------- STATE OF KERALA,REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJATH ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3977 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2008 O R D E R The petitioner is the owner of a vehicle, which was allegedly used for the accused persons who face allegation of kidnapping etc. The vehicle was allegedly used to transport the person kidnapped. According to the petitioner he was not the owner of the vehicle at the relevant time. He is only a subsequent purchaser of the vehicle from one of the accused. The vehicle was directed to be released subject to conditions. The petitioner is aggrieved by conditions 2, 3 and 5 imposed by the learned Magistrate as per the impugned order. As per condition No.2 the sureties were directed to furnish possession certificate with the market price fixed by the Government from a competent authority. He was further directed to produce the vehicle before the Investigating Officer on every second Saturday until the evidence is over. He was further directed to furnish a cash security of Rs.50,000/- in addition to the bond for Rs. 5 lakhs, which was directed to be executed. Crl.M.C.No. 3977 of 2008 2 2. The learned counsel for the petitioner submits that the conditions are unnecessarily onerous and cumbersome. Considering the nature of the offence and the nature of the alleged nexus between the vehicle and the petitioner, it is not at all necessary to insist on such onerous conditions. Conditions 2, 3 and 5 may in these circumstances be deleted, submits the counsel. 3. Notice was given to the learned Prosecutor, who does not oppose the application. I am satisfied that the other conditions imposed shall adequately safeguard the interests of the prosecution. I am, in these circumstances, satisfied that the prayer for deletion of conditions 2, 3 and 5 can be allowed. 4. This Crl.M.C. is allowed. The conditions 2, 3 and 5 shall stand deleted. All other conditions shall remain. 5. Hand over the order. (R. BASANT) Judge tm