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.
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CRL.M.C.NO.4024 OF 2010
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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.
