IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 Crl.MC.No. 1021 of 2009() ----------------------------------- CRIME NO.246/2009 OF ALUVA POLICE STATION. ...... PETITIONER(S): ACCUSED ---------------------- ARUMUGHAN, S/O. JAGANATHAN, POTHANNUR UKKUDAM ROAD, COIMBATORE DISTRICT, TAMIL NADU. BY ADV. MR. E.C.POULOSE RESPONDENT(S): STATE ----------------------- STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 1021 OF 2009 --------------------------------- Dated this the 17th day of March, 2009 O R D E R This petition is filed with a prayer to modify the condition that one of the sureties shall produce title deed of the property or produce solvency certificate. The petitioner herein is involved in Section 379 of the IPC case and the court below has granted him bail on execution of a bond for Rs. 20,000/- with two solvent sureties for the like sum with a condition that one of the sureties has to produce title deed. Now the learned counsel very strongly contends before me that it is almost impossible to get a title deed to be produced which means virtually the bail granted cannot be availed which will put the party into hardship and who is in jail from 19.1.2009 onwards. 2. After hearing the submission of the learned counsel, I am inclined to modify the condition that one of the sureties shall produce a fixed deposit receipt in that person's name for a sum of Rs. 10,000/- instead of title deed and the lien of the court has to be shown in that document by sending a letter for the said purpose by the court. So the order is modified accordingly. The Crl.M.C is disposed of accordingly. M.N. KRISHNAN, JUDGE vkm