Salim K.T. vs State Of Kerala on 25 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2382 of 2007()


1. SALIM K.T., S/O MOIDEEN KOYA,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.R.SUDHISH

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :25/07/2007

 O R D E R
                                  R. BASANT, J.

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                     Crl.M.C.Nos. 2382 & 2389 of   2007

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                  Dated this the  25th   day of   July, 2007


                                      O R D E R

The petitioners in these two petitions are owners of vehicles,

which were involved in the alleged offences committed under the

Kerala Protection of River Banks & Regulation of Removal of Sand

Act. By the impugned orders, the learned Magistrate had directed

that the vehicles be released to the petitioners subject to conditions.

The petitioners are aggrieved by the condition that the petitioners as

well as their sureties must produce solvency certificates. The

procedure for obtaining solvency certificate is cumbersome. It

would involve a lot of delay and expenses. In these circumstances

the learned counsel for the petitioners prays that the said condition

may be modified. Because of the onerous nature of the condition, the

vehicles are even now exposed to sun and rain in the custody of the

court, submits counsel.

2. The learned Prosecutor submits that in case this court is

pleased to accept the request of the petitioners, they may be directed

to deposit an amount of Rs.25,000/- each being the maximum fine

payable for the alleged violation and then execute bonds for the

Crl.M.C.Nos. 2382 & 2389 of 2007

2

balance amount with two solvent sureties each for the like sum. I am

satisfied that the said suggestion, which is accepted by the counsel for the

petitioners also, can be accepted.

3. These petitions are in these circumstances allowed. The condition

that the petitioners and the sureties must produce solvency certificates is

modified. It shall be sufficient if each petitioner deposits an amount of

Rs.25,000/- before the learned Magistrate and executes a bond with two

solvent sureties each for the balance amount. Insistence on production of

solvency certificates by the sureties need not be made. It shall be sufficient

if the sureties satisfy the learned Magistrate that they are adequately

solvent by production of any appropriation document/material.

(R. BASANT)

Judge

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