IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Crl.MC.No. 1765 of 2009() ------------------------------------ CRL.MP. 1376/09 OF THE IST ADDL. SESSIONS COURT, KOLLAM. CRIME NO.22/2008 OF KARUNAGAPPALLY EXCISE RANGE. ......... PETITIONER(S): ACCUSED ---------------------- AMBILY, D/O.AMMUKUTTY, SARANYA BHAVANAM, ALAPPAD MURI, KARUNAGAPPALLY VILLAGE, KARUNAGAPPALLY. BY ADV. MR.T.GOPALAKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE INSPECTOR, EXCISE RANGE, KARUNAGAPPALLY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1765 OF 2009 ------------------------------------------ Dated 5th June 2009 O R D E R Petitioner was granted bail in Crime No.222/2008 of Karunagappally Excise Range registered for the offence under Section 55(g) and 8(1) and (2) of Abkari Act. While granting bail under Annexure-A order learned Sessions Judge directed that sureties shall produce the original title deed with an undertaking that they will take back title deeds only after they are discharged as sureties. This petition is filed under Section 482 of Code of Criminal Procedure to challenge said condition. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. If the sureties are directed to produce the title deed with an undertaking not to take back the same during the subsistence of the bail, sureties may not be prepared to furnish title deed, as it restricts their right to immovable property. It would virtually amount to denial of bail to the petitioner. CRMC 1765/09 2 4. In such circumstances, in the interest of justice, direction in Annexure-A order that sureties shall furnish an undertaking that they will not take back title deed before they are discharged as sureties is deleted. M.SASIDHARAN NAMBIAR, JUDGE. uj.