Petitioner sought to keep an order directing return of a vehicle with bond conditions in abeyance due to illness and inability to pay the bond amount. The court granted a two-week moratorium for deposit.
Order Annexure-5 kept in abeyance for two weeks; petitioner directed to pay Rs. 50,000.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931
Crl.MC.No. 255 of 2010()
----------------------------------MP.4777/2009 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR CRIME NO.354/2009 OF THE KURUPPAMPADY POLICE STATION
PETITIONER(S): RESPONDENT
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O.K.NANDAKUMAR,S/O.KESAVAN NAIR, SUDARSANA VEEDU,PAYAPPAR.P.O,MEENACHIL TALUK, KOTTAYAM DISTRICT.
BY ADVS. MR.V.G.ARUN
MR.PRASAD CHANDRAN
RESPONDENT(S): PETITIONER
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1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, KOCHI-31.
2. CHINNAMA MATHEW,W/O.MATHEW,PULLORKKUDY VEEDU,ALATTUCHIRA,A.V.ABRAHAM,S/O.VARKEY, ATHIRAMPUZHA HOUSE,PANAMKUZHY,KOMBANAD VILLAGE.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
M.SASIDHARAN NAMBIAR,J.
========================
Crl.M.C No.255 OF 2010
====================
Dated this the 16th day of February, 2010.
O R D E R
As per Annexure-5 order dated 18.1.2010, learned Magistrate directed the petitioner to return the vehicle to the second respondent and granted interim custody of the vehicle to the second respondent, on his executing a bond for rupees 4 lakhs with two solvent sureties each for the like sum. This petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexure-5 order contending that petitioner is suffering from cancer and, therefore, he could not pay the amount with the time and he has granted further time.
2
Crl.M.C No.255 OF 2010
to pay or deposit Rs. 50,000/- to the second respondent. If Rs. 50,000/- is paid before the expiry of 15 days from today, learned Magistrate to grant further reasonable time to the petitioner to pay the balance.
M.SASIDHARAN NAMBIAR,JUDGE.
mns
1 issue framed by the court
Whether Annexure-5 order directing return of vehicle with bond conditions should be kept in abeyance considering petitioner's inability to pay deposit due to illness.
1 provisions across 1 enactments
O.K.NANDAKUMAR
STATE OF KERALA
CHINNAMA MATHEW
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
