IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2972 of 2008()
1. NISSAR V.K., AGED 32 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.K.SUNILKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :13/08/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 2972 of 2008
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Dated this the 13th day of August, 2008
ORDER
In pursuance of the order dated 11/7/2008 in
Crl.M.C.No.2408/08, the learned Magistrate has passed the
impugned order under which the petitioner was directed to
furnish bank guarantee of Rs.10 lakhs. The learned counsel
for the petitioner submits that the amount fixed by the learned
Magistrate is grossly excessive and that the value of the two
vehicles put together will not exceed Rs.6 lakhs.
2. The learned Public Prosecutor, after taking
instructions, submits that in the assessment of the prosecution
on the basis of the valuation made by the Assistant Motor
Vehicle Inspector, the total value of the two vehicles would
exceed Rs.11 lakhs.
3. The learned counsel for the petitioner, in these
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circumstances, prays that a further opportunity may be given to
the petitioner to satisfy the learned Magistrate by securing a
report from the Mechanical Engineer attached to the Excise
Department that the actual value of the two vehicles put
together will not exceed Rs.6 lakhs.
4. I am satisfied, in these circumstances, that the
impugned order can be set aside and the petitioner can be given
an opportunity to place before court all relevant materials in
support of his contention that the value of the two vehicles put
together will not exceed Rs.6 lakhs. After conducting enquiry
pointedly into this aspect, the learned Magistrate can fix
appropriate amount as value of the vehicles.
5. This Crl.M.C. is accordingly allowed to the above extent.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
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