IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3977 of 2008()
1. P V MATHEW, CHAIRMAN, NEDUMKANDOM
... Petitioner
Vs
1. STATE OF KERALA,REP BY THE PUBLIC
... Respondent
For Petitioner :SRI.S.SACHITHANANDA PAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/10/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3977 of 2008
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Dated this the 29th day of October, 2008
O R D E R
The petitioner is the owner of a vehicle, which was
allegedly used for the accused persons who face allegation of
kidnapping etc. The vehicle was allegedly used to transport the
person kidnapped. According to the petitioner he was not the
owner of the vehicle at the relevant time. He is only a
subsequent purchaser of the vehicle from one of the accused.
The vehicle was directed to be released subject to conditions.
The petitioner is aggrieved by conditions 2, 3 and 5 imposed by
the learned Magistrate as per the impugned order. As per
condition No.2 the sureties were directed to furnish possession
certificate with the market price fixed by the Government from a
competent authority. He was further directed to produce the
vehicle before the Investigating Officer on every second
Saturday until the evidence is over. He was further directed to
furnish a cash security of Rs.50,000/- in addition to the bond for
Rs. 5 lakhs, which was directed to be executed.
Crl.M.C.No. 3977 of 2008
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2. The learned counsel for the petitioner submits that the
conditions are unnecessarily onerous and cumbersome. Considering
the nature of the offence and the nature of the alleged nexus between
the vehicle and the petitioner, it is not at all necessary to insist on such
onerous conditions. Conditions 2, 3 and 5 may in these circumstances
be deleted, submits the counsel.
3. Notice was given to the learned Prosecutor, who does not
oppose the application. I am satisfied that the other conditions
imposed shall adequately safeguard the interests of the prosecution. I
am, in these circumstances, satisfied that the prayer for deletion of
conditions 2, 3 and 5 can be allowed.
4. This Crl.M.C. is allowed. The conditions 2, 3 and 5 shall
stand deleted. All other conditions shall remain.
5. Hand over the order.
(R. BASANT)
Judge
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