IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2218 of 2007()
1. ASHOK KUMAR, S/O SADANANDAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.SIJU KAMALASANAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/07/2007
O R D E R
R. BASANT, J.
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Crl.M.C. NO.2218 OF 2007
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Dated this the 11th day of July, 2007
ORDER
Aggrieved by an order passed by the learned Magistrate
under Sec.451 of the Cr.P.C., the petitioner had come to this
Court. By order dated 6/6/07, this Court had directed that the
vehicle in question be released to the petitioner subject to
conditions. Condition No.2 obliges the petitioner to make a
cash deposit of Rs.25,000/- and also to offer bank guarantee for
the balance amount. This was directed to be done within a
period of one month from 6/6/07.
2. The petitioner contended before the learned
Magistrate that he is entitled to get release of the vehicle and
that he need deposit the amount and produce the bank
guarantee only within one month from the date of the order.
The learned Magistrate, according to me, has rightly turned
down the said prayer and rejected the said application by
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Annexure-3 order. The petitioner has come before this Court
again.
3. What is the present grievance? A period of one month
having already elapsed from 6/6/07 and the petitioner having not
complied with the direction, there can be no surviving dispute as
to whether the condition has been complied with or not.
Admittedly, it has not been complied with. The learned counsel
for the petitioner, in these circumstances, only prays that the
petitioner may be granted time of one month more from this date
to make cash deposit and make the bank guarantee available
before the court. In the facts and circumstances of this case, I
am satisfied that a lenient view can be taken and such extension
of time can be granted to the petitioner.
4. In the result, this petition is allowed. The petitioner
shall have time of one month more from this date to comply with
the direction issued on 6/6/07.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy// P.S. To Judge
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