Petitioner is the 8th accused in Crime No. 97/2014 of Kambalakkad Police Station. It is alleged that the vehicle belonging to him was used in course of the commission of the offences involved in the case. On his application, the learned Sessions Judge ordered release of the vehicle to him subject to certain conditions. Condition No. 2 is as follows:
“The petitioner shall make cash deposit of Rs. 40,000/-(Rupees Forty Thousand only) and produce the receipt.”
2. Now the prayer in this Criminal M.C. is to lift the condition.
3. Heard.
4. It is submitted that in this case, another vehicle was released to another person subject to the same conditions and the identical condition in it has been lifted by this court. Having regard to the facts of the case, I am inclined to grant the prayer
Cr.M.C. No. 3270 /2014 2
of the petitioner. But certain safeguards should be there.
In the result, this Criminal M.C. is allowed. Condition No. 2 in the order passed in the Criminal M.P.No. 857/2014 on the file of the Sessions Judge, Kalpetta is vacated.
Before the vehicle is released, the petitioner shall file an affidavit before that court that he will not question the identity of the vehicle. He shall also execute a bond for Rs.40,000/- undertaking to produce the vehicle if so ordered by the court below. He shall take colour photographs of the vehicle showing relevant particulars and produce them before the court.
sd/-
K. ABRAHAM MATHEW JV JUDGE