IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 Crl.MC.No. 729 of 2010() ----------------------------------- CMP.5897/2009 IN CRIME NO.332/2009 AT KAZHAKUTTOM POLICE STATION. .................... PETITIONER/ACCUSED ---------------------------------- SAILESH, S/O.RAJAPILLA, PUTHUVAL PUTHEN VEEDU, MANAKKATTUVILAKOM, KARIMANAL, KOLLU MURI, ATTIPRA VILLAGE. BY ADV. MR.M.DINESH RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.729 OF 2010 ------------------------------------------ Dated 3rd March 2010 O R D E R By Annexure-A1 order in C.M.P.5897/2007 in crime 332/2009, Judicial First Class Magistrate-II, Attingal granted bail to the petitioner on conditions. One of the conditions was that one of the sureties shall produce original title deed. According to the petitioner title deed was produced and later original of Annexure-A2 petition was filed for return of the title deed, but learned Magistrate is not entertaining the said application. This petition is filed under Section 482 of Code of Criminal Procedure to direct the Magistrate to return the original title deed of the surety accepting Crmc 729/10 2 original tax receipt. 2. Learned counsel appearing for the petitioner. 3. Though petitioner would contend that original of Annexure-A2 petition was not received by the learned Magistrate, I find no material to support the submission. Learned Magistrate cannot refuse to entertain a petition to release the title deed. In such circumstances, petition is disposed directing Judicial First Class Magistrate-II, Attingal to entertain the application, if filed by the petitioner to release the title deed submitted by the surety and pass appropriate order in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE. uj.