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1984 Supreme(Ker) 92

U.L.BHAT
VALSON – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioner herein, an autorickshaw driver, accused in S. T. No. 1403/83 on the file of the judicial Magistrate of the Second Class, Trichur, was charged with an offence under S.86(1) of the Motor Vehicles Act and R.328 of the Motor Vehicles Rules. He appeared in Court on 20-12-1983 id response to summons and offered bail. Bail was ordered on condition that he executes a bond for Rs. 500/- With two solvent sureties in the like amount. On behalf of the petitioner, two persons, Velu and Rajan offered themselves as sureties and filed affidavits, stating that they were prepared to stand surety, that they have landed property worth Rs. 10,000/- without any encumbrance, that they will not encumber the property as long as their responsibility as sureties lasts and that they undertake to produce the accused in court whenever required. They also produced tax receipts evidencing payment of land revenue for their land. On the same day the court passed an order stating:

"But I am not satisfied with the same (i.e. tax receipts) and hence their affidavits are rejected. Produce solvency certificate, posted for evidence to 3-1-84. Accused remanded to Special Sub Jail, Viyyur."

Luck



















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