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Muhammed Mustafa vs State Of Kerala on 24 November, 2010

Kerala High Court
Muhammed Mustafa vs State Of Kerala on 24 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4024 of 2010()


1. MUHAMMED MUSTAFA, S/O. ALAVI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. STATION HOUSE OFFICER,

                For Petitioner  :SRI.ALEXANDER GEORGE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :24/11/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
            ---------------------------------------------
             CRL.M.C.NO.4024 OF 2010
            ---------------------------------------------
             Dated      24th    November, 2010

                           O R D E R
            By            Annexure-VI                    order     in

C.M.P.2197/2009           Judicial                  First       Class

Magistrate, Taliparamba granted interim custody

of Maruti Versa car No.MH-02/WA-2147 to the

petitioner on conditions. First condition was

to furnish a solvency certificate to the tune

of Rs.Six Lakhs with two solvent sureties for

the same amount. Petition is filed under

Section 482 of Code of Criminal Procedure to

quash the said condition.

2. Learned counsel appearing for the

petitioner and learned Public Prosecutor were

heard.

3. Argument of the learned counsel

appearing for the petitioner is that value of

the vehicle is far less than the amount for

Crmc 4024/10
2

which solvency certificate was directed to

produce. Annexure-VI order does not show on

what basis Rs.Six Lakhs was fixed as the amount

which solvency certificate is to be produced.

In view of the statement that value of the

vehicle will be far less, Annexure-VI order

can only be quashed.

Petition is allowed. Annexure-VI order

is quashed to the limited extent of the

quantum of solvency certificate fixed. Judicial

First Class Magistrate, Taliparamba is directed

to get a report from the Motor Vehicle

Inspector regarding value of the vehicle and

thereafter pass appropriate order in accordance

with law.

Petition is disposed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.

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