Afsal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 Crl.MC.No. 6677 of 2015 () --------------------------- CMP 324/2015 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT, MALAPPURAM CRIME NO. 596/2014 OF VAZHAKKAD POLICE STATION, MALAPPURAM PETITIONER:

----------- AFSAL, AGED 35 YEARS, S/O.MUHAMMEDALI, PERUNNAMKUNNATH HOUSE, KARASSERY, MUKKAM, MALAPPURAM DISTRICT.

BY ADV. SRI.U.K.DEVIDAS RESPONDENT/COMPLAINANT:

----------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 6677 of 2015 () --------------------------- APPENDIX PETITIONER'S ANNEXURES:

----------------------- ANNEXURE AI. COPY OF THE ORDER DATED 12.3.15 IN CRL.M.P. 324/15 IN VAZHAKKAD POLICE STATION IN CRIME NO.596 OF 2014 ON THE FILES OF THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM.

RESPONDENT'S ANNEXURES:

----------------------- NIL // True Copy // P.A. To Judge DSV/17/10/15

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 6677 of 2015 ======================= Dated this the 13th day of October, 2015

O R D E R

Heard the learned counsel for the petitioner.

2. Condition No.3 in Annexure-AI order passed by the court below is under challenge. It seems that the court below has ordered security by way of bank guarantee. The court below ought to have granted an option to the petitioner to offer the property also as security instead of bank guarantee. By giving such an opportunity to the petitioner, Condition No.3 in Annexure-AI order is liable to be modified.

In the result, this Crl.M.C. is allowed and Condition No.3 in Annexure-AI is modified, by enabling the petitioner to offer property also as security for an amount of ₹1,16,000/- instead of bank guarantee.

Sd/- B.KEMAL PASHA JUDGE DSV/13/10/15 // True Copy // P.A. To Judge