LAWS(KER)-2007-3-368

SALAHUDEEN SHAHUL HAMEED Vs. STATE OF KERALA

Decided On March 20, 2007
SALAHUDEEN, S/O.SHAHUL HAMEED Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The short grievance of the petitioner is that unnecessary insistence on production of solvency certificates made by the learned Magistrate in the impugned order directing release of a vehicle is unjustified. He prays that the said condition may be set aside. The petitioner shall produce such solvent sureties who can instill the requisite satisfaction in the mind of the court. The rigid insistence that solvency certificates must be produced by the sureties is working out undeserved hardship and inconvenience to the petitioner. This, in short, is the plea.

(2.) Notice given. The learned Public Prosecutor does not oppose the said request seriously. I am satisfied that rigid insistence on production of solvency certificates need not be made.

(3.) This Crl.M.C. is, accordingly, allowed. The said condition insisting on invariable production of solvency certificates by the sureties is set aside. The sureties can instil the requisite satisfaction in the mind of the learned Magistrate about their solvency by producing appropriate documents/records.