Shaji vs The Station House Officer on 6 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 559 of 2007()


1. SHAJI, S/O.SREEDHARAN, AGED 38 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATION HOUSE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.C.V.BIMAL ROY

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :06/03/2007

 O R D E R


                              R. BASANT, J.

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                       CRL.M.C.NO. 559 OF 2007

              -------------------------------------------------

              Dated this the 6th  day of March, 2007


                                   ORDER

In this Crl.M.C. the petitioner complains about the

onerous condition imposed on him as Condition No.1 when the

vehicle belonging to him was directed to be released as per

the order dated 14/2/207 by the learned Magistrate. The

said condition obliges the petitioner to furnish bank guarantee

for Rs.4 lakhs being the value of the vehicle.

2. The learned counsel for the petitioner submits that

the insistence on production of bank guarantee in addition to

the obligation to execute a bond for Rs.4 lakhs with two

solvent sureties each for the like sum is unjustified and

unnecessary. The condition that the petitioner must execute

a bond for Rs.4 lakhs with two solvent sureties each for the

like sum will safeguard the interests of the State. In these

circumstances, the said condition may be deleted, it is prayed.

3. I find merit in the contention raised by the learned

counsel for the petitioner. I do not find it necessary to insist

on such an onerous condition as production of bank guarantee

CRL.M.C.NO. 559 OF 2007 -: 2 :-

for the entire value of the vehicle. Condition No.2 which obliges

the petitioner to execute a bond for Rs.4 lakhs with two solvent

sureties each for the like sum which condition is not challenged,

I am satisfied, shall serve the ends of justice eminently.

4. In the result, this Crl.M.C. is allowed in part. Condition

No.1 obliging the petitioner to furnish bank guarantee as

condition for release of the vehicle is hereby deleted. The

learned Magistrate shall, of course, insist on appropriate and

sufficient sureties to execute the bond.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge