IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 323 of 2009()
1. SUNILDETH , S/O. SIVADASAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REP. BY ITS
... Respondent
For Petitioner :SRI.SUMAN CHAKRAVARTHY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/01/2009
O R D E R
R.BASANT, J
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Crl.M.C. No.323 of 2009
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Dated this the 29th day of January, 2009
ORDER
Petitioner is the defacto complainant and on his allegation,
a crime has been registered at the Attingal Police Station. In the
course of investigation, an air conditioner was seized by the
police. By the impugned order, that air conditioner (referred to
mistakenly as the generator in certain portions of the impugned
order) was ordered to be released to the petitioner subject to a
condition that he must execute a bond for Rs.25,000/- with two
solvent sureties each for the like sum and must also make a cash
deposit of Rs.25,000/-.
2. According to the petitioner the condition imposed is
too onerous and unfair. The petitioner is the owner of the
article. The article would not worth to Rs.25,000/- now. It is
totally unnecessary to insist on cash deposit of Rs.25,000/-. The
petitioner shall execute a bond for Rs.25,000/- with two solvent
sureties as directed. But the condition of cash deposit may be
dispensed with.
Crl.M.C. No.323 of 2009 2
3. Having considered all the relevant inputs, I am
persuaded to agree that condition No.1 that there must be a
deposit of cash security of Rs.25,000/- can be modified and it can
be directed that the petitioner must deposit a cash security of
Rs.10,000/- (Rupees Ten thousand only). All other conditions
shall continue to remain in force. In the circumstances, the
learned Magistrate must scrupulously ensure that the sureties
offered are sufficient and solvent.
4. This Crl.M.C is allowed to the above extent.
5. Hand over a copy of this order to the learned counsel
for the petitioner.
(R.BASANT, JUDGE)
rtr/-