IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Crl.MC.No. 200 of 2009() ------------------------ AGAINST THE ORDER DATED 19/12/2008 IN CRMP. 3169 /2008 IN SC.34/2008 of ADDL.SESSIONS COURT (ADHOC)-II, KOTTAYAM .................... PETITIONER(S): ACCUSED ---------------------- REJIMON @ KUTTAI, AGED 34 YRS, S/O.KUTTAPPAN, THANDADIYIL HOUSE, VELLIKULAM KARA, MALAMEL BHAGOM, TEEKOY VILLAGE,MEENACHIL TALUK, KOTTAYAM. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR RESPONDENT(S): COUNTER PETITIONER --------------------------------- STATE OF KERALA,REP; BY THE P.PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. P. RAVINDRA BABU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 200 of 2009 ------------------------------------------------- Dated this the 15th day of January, 2009 ORDER The petitioner has been found guilty, convicted and sentenced in a prosecution for offences punishable, inter alia, under Sec.376 IPC. He preferred an appeal before this Court. The appeal was admitted and execution of the sentence was suspended and the petitioner was directed to be released on bail on the following terms and conditions: “(i) He should execute a bond for Rs.1 lakh with two solvent sureties each for the like sum to the satisfaction of the court below. (ii) He must deposit an amount of Rs.25,000/- towards the fine imposed under the impugned judgment within a period of 45 days from the date of his release.” Crl.M.C. No. 200 of 2009 -: 2 :- 2. The petitioner offered sureties. But the learned Additional Sessions Judge (Ad hoc-II), Kottayam, insisted that the sureties must produce their original title deeds or solvency certificates. 3. According to the petitioner, the condition imposed by the learned Additional Sessions Judge is too onerous to be complied with immediately. The petitioner is in prison. He is unable to get the sureties who are willing to agree to retain their title deeds in court. He is unable to immediately secure sureties with solvency certificates. The petitioner will get sureties who shall produce the original title deeds for the perusal of the court. But it may not be directed that the original title deeds must be retained in court. The petitioner cannot also immediately arrange sureties with solvency certificates. In these circumstances, appropriate directions may be issued, it is prayed. 4. The learned counsel for the petitioner was requested to take further instructions. The learned counsel today makes the submission that to show his bona fides, he shall straightaway ensure that an amount of Rs.10,000/- is deposited before the petitioner is released on bail. The learned additional Sessions Judge may be directed to receive the said amount of Rs.10,000/- Crl.M.C. No. 200 of 2009 -: 3 :- and also accept sureties offered by the petitioner who shall produce the original title deeds for the perusal of the learned Sessions Judge. I find such request to be absolutely reasonable. The learned Additional Sessions Judge (Ad hoc-II), Kottayam, may accept the sureties if they produce the requisite original title deeds for the perusal and satisfaction of the court. Insistence on deposit of the title deeds need not be made. If the petitioner produces such sureties and also deposits an amount of Rs.10,000/- immediately, he shall forthwith be released from custody subject to his obligation to deposit the balance amount of Rs.15,000/- within a period of 45 days from the date of his release. 4. This Crl.M.C. is allowed to the above extent. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 200 of 2009 -: 4 :-