Sidheeq v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 Crl.MC.No. 6939 of 2015 ------------------------------------ C.M.P.NO.249 OF 2015 OF SPECIAL COURT(N.D.P.S ACT CASES), VADAKARA CRIME NO. 960/2015 OF MEDICAL COLLEGE POLICE STATION , KOZHIKODE --------------------- PETITIONER(S)/PETITIONER :

-------------------------------------------- SIDHEEQ, AGED 55 YEARS, S/O.MUHAMMED (LATE), ARAKKAL HOUSE, NADUVAKKAD, MAMPAD P.O., MALAPPURAM DISTRICT.

BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S)/COMPLAINANT :

--------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.H.O, KOZHIKODE MEDICAL COLLEGE POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 6939 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE I:

TRUE COPY OF THE PETITION DATED 17.09.2015 FOR INTERIM CUSTODY OF THE VEHICLE FILED BEFORE THE LOWER COURT.

ANNEXURE II:

TRUE COPY OF THE ORDER DATED 29.09.2015 IN C.M.P.NO.249 OF 2015 OF KOZHIKODE MEDICAL COLLEGE POLICE STATION.

RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

B.KEMAL PASHA, J.

================ Crl.M.C. No. 6939 of 2015 ======================= Dated this the 28th day of October, 2015

O R D E R

The petitioner is aggrieved by condition No.1 imposed by the court below in Annexure-II order, whereby the petitioner has been asked to furnish bank guarantee for 6 lakhs for getting the Maruti Swift Desire Car bearing ₹ Regn. No.KL-71/149 involved in Crime No.960/2015 of the Medical College Police Station, Kozhikode, released.

2. On hearing the learned counsel for the petitioner, this Court is of the view that the court below ought to have obtained a certificate of valuation of the vehicle from the concerned MVI or AMVI for imposing such a condition. The court below shall obtain such a valuation as expeditiously as possible, at any rate, within 15 days from the date of receipt of a copy of this order and modify

Crl.M.C. No. 6939 of 2015 condition No.1 accordingly.

With the said observation, this Crl.M.C is disposed of. Sd/- B.KEMAL PASHA, JUDGE stu