Partly allowed

Abbas v. State of Kerala

Kerala HC19 Sept 2014Crl.MC/5259/2014

Case brief

AI extract

What is this about?

The petitioner challenged conditions imposed by the trial court for releasing a seized vehicle under Section 457 CrPC. The High Court allowed the prayer to set aside the bank guarantee condition, requiring the petitioner to instead keep the vehicle in safe custody.

What did the court decide?

Set aside the condition to furnish a bank guarantee, directing the petitioner to keep the vehicle in safe custody without transfer or assignment.

Abbas Vs State of Kerala — Bail and Remand | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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FRIDAY, THE 19TH DAY OF SEPTEMBER 2014/28TH BHADRA, 1936

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Crl.MC.No. 5259 of 2014

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AGAINST THE ORDER IN CMP 7023/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, MALAPPURAM DATED 26-08-2014 CRIME NO. 1171/2014 OF KONDOTTY POLICE STATION, MALAPPURAM

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PETITIONER/PETITIONER:

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ABBAS

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S/O.UNNYAN KUTTY, VAKATHODI HOUSE, OMMANOOR, MALAPPURAM DISTRICT.

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BY ADV. SRI.T.K.AJITH KUMAR

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RESPONDENT/RESPONDENT:

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THE SUB INSPECTOR OF POLICE KONDOTTY, MALAPPURAM DISTRICT BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5259 of 2014

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE A- COPY OF THE ORDER DATED 26.8.2014 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM IN CMP NO.7023/2014.

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RESPONDENT'S ANNEXURES: NIL

//TRUE COPY//

P.A TO JUDGE

P.UBAID, J.

--------------------------------------Crl.M.C No.5259 of 2014

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---------------------------------------

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Dated this the 19^th day of September, 2014

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O R D E R

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The petitioner herein is aggrieved by a condition imposed by the learned Judicial First Class Magistrate Court-I, Malappuram for release of his vehicle under Section 457 of the Code of Criminal Procedure. The said vehicle is involved in Crime No.1171/2014 of the Kondotty Police Station, registered on the allegation of illegal transportation of river sand. The learned Magistrate has directed the petitioner to execute a bond for 1,20,000/- with two solvent sureties and to deposit an₹ amount of 36,000/- in court. Besides these two important₹ conditions there is another condition that the petitioner shall produce security of bank guarantee for 84,000/-. This is the₹ objectionable condition.

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The learned counsel submits that the petitioner is aggrieved by the second condition also, directing deposit of 36,000/-. Now he seeks a prayer under Section 482 of the₹ Code of Criminal Procedure cancelling the two conditions imposed by the trial court.

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Crl.M.C No.5259 of 2014 2

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On hearing the learned counsel, and the learned Public Prosecutor, I feel the necessity of some modification regarding the third condition imposed by the court below. As regards the second condition, I find that it will have to be complied with. However, the direction to furnish bank guarantee can be cancelled or set aside on a further condition that the petitioner shall keep the vehicle in safe custody, without being in any manner sold, assigned or transferred.

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In the result, this Criminal Miscellaneous Case is allowed in part, to the effect that the condition No.3 imposed by the court below as per the impugned order will stand set aside, on a further condition that the vehicle shall be kept in safe custody by the petitioner, without, in any manner, being transferred or assigned.

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P.UBAID JUDGE

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Abbas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abbas v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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