Vipinkumar T.S vs State Of Kerala
2023 Latest Caselaw 9614 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                   CRL.MC NO. 7201 OF 2023
AGAINST THE ORDER/JUDGMENT CRMP 2176/2023 OF DISTRICT COURT &
                   SESSIONS COURT,THRISSUR
PETITIONER/PETITIONER:

          VIPINKUMAR T.S, AGED 42 YEARS, S/O LATE
          SUBRAHMANIAN T, THAIVALAPPIL HOUSE, NEAR, GOVT.
          L.P. SCHOOL KODALY, PADI P.O, THRISSUR PIN - 680699
          BY ADVS.
          K.B.GANGESH
          ATHIRA A.MENON
          SMITHA CHATHANARAMBATH
          AJMAL AHMED R.


RESPONDENTS/RESPONDENTS & STATE:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, ERNAKULAM, PIN - 682031
    2     DEPUTY POLICE SUPERINTENDENT, CRIME BRANCH EOW,
          THRISSUR UNIT THRISSUR -., PIN - 680631
OTHER PRESENT:

          VIPIN NARAYAN PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.7201/2023                       2




                  P. V. KUNHIKRISHNAN, J.
               -------------------------------------------
                   Crl.M.C.No.7201 of 2023
               -------------------------------------------
           Dated this the 8th day of September, 2023

                               ORDER

This Crl.M.C is filed challenging condition no.1 in the order

dated 09.06.2023 in Crl.M.P.No.2176/2023 on the file of the III

Additional Sessions Judge, Thrissur, in which, there is a direction to

deposit an amount of Rs.2,00,000/- in addition to execute the bond.

The petitioner submits that the petitioner is ready to execute bond

for more than Rs.2 lakhs.

2. Heard learned counsel for the petitioner and the learned

Public Prosecutor.

3. It is true that the learned Sessions Judge imposed the

cash security with an intention to see that the vehicle is not alienated

and it will be produced as and when required. But the condition of

cash deposit can be avoided in the peculiar facts and circumstances

of the case. Instead of that, the bond amount can be enhanced to

Rs.3 lakhs instead of Rs.2 lakhs.

Therefore, this Crl.M.C is disposed of with the following

directions:

Condition no.1 in the order dated 09.06.2023 in Crl.M.P.No.2176/2023 on the file of the III Additional Sessions Judge, Thrissur to the effect that the petitioner shall deposit an amount of Rs.2 lakhs as security alone is lifted and the first condition is modified as follows:

(a) The petitioner will execute a bond for 'Rs.3,00,000/- [Rupees three lakhs only]' with two solvent sureties for the like sum each to the satisfaction of the jurisdictional court.

(b) All other conditions imposed in Annexure-A2 order will continue.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF CRL.MC 7201/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF CRL.M.P NO. 2176/2023 IN CRIME NO. 42/2023 FILED BY THE PETITIONER BEFORE III ADDL. SESSIONS JUDGE, THRISSUR Annexure A2 CERTIFIED COPY OF THE ORDER DATED 09.06.2023, PASSED BY III ADDL. SESSIONS JUDGE, THRISSUR IN CRL.MP NO. 2176/2023 IN CRIME NO. 42/2023