Petitioner aggrieved by bond condition requiring sureties to deposit original title deeds before Court. Court clarified original deeds are not to be deposited; verification of certified copies suffices for releasing the vehicle.
Condition requiring deposit of original title deeds clarified to mean verification of certified copies is sufficient for vehicle release.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944 CRL.MC NO. 1816 OF 2022
PETITIONER:
SAJI L AGED 43 YEARS 493, MAVELIKKUZHI HOUSE, PANDITHITTA MURI, THALAVOOR PO, KOLLAM DISTRICT, PIN - 691514 BY ADV ARUN MATHEW VADAKKAN
RESPONDENTS/STATE/DE FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 SUB INSPECTOR OF POLICE KUNNIKODE POLICE STATION, KOLLAM DISTRICT, PIN - 691508 SMT. SREEJA V-SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 1816 of 2022
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ORDER
Petitioner is the registered owner of a tipper lorry
bearing No. KL-25-A-7455 involved in Crime No. 143 of 2022 of Kunnicode police station. In the said crime offence under Section 4(1)(A), 21 of Mines and Minerals (Regulation of Development) Act, 1957 is alleged against the driver of the lorry which was seized and produced before the Court. The petitioner moved an application under Section 451 of the Cr.P.C. which was allowed by Annexure A2 order, inter alia imposing a condition that 'he shall execute a bond for Rs.7,00,000/- with two solvent sureties each for the like sum, that the sureties shall produce the original title deeds of their respective properties and that it is made clear that the properties shall fetch a market value which shall be equal to or more than the bond amount'. Petitioner is aggrieved by the said
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condition and has moved on the assumption that original
title deeds of the sureties have to be upkept in Court.
She has brought to my notice the observations of the Court
that the vehicle is involved in another similar crimes also.
The Criminal Miscellaneous Case is disposed of as above.
Sd/-
K. HARIPAL
JUDGE
RMV/05/04/
4
APPENDIX OF CRL.MC 1816/2022
PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF TIPPER LORRY WITH REGISTRATION NO.KL-25A-7455 Annexure A2 CERTIFIED COPY OF THE ORDER IN CMP NO.105/2022 IN CRIME NO.143/2022 OF JUDICIAL MAGISTRATE OF THE I CLASS, PATHANAPURAM
TRUE COPY
P.A.TO JUDGE
1 issue framed by the court
Whether the condition in the bond order requiring sureties to produce original title deeds deposited with the Court is legally sustainable.
2 provisions across 2 enactments
SAJI L
STATE OF KERALA
K. HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
