IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 Crl.MC.No. 1854 of 2011() ------------------------- CMP.2298/2011 of JUDL.MAGISTRATE OF FIRST CLASS-II, MANANTHAVADY .................... (CRIME NO.65/2011 OF MANNANTHAVADY POLICE STATION) ... PETITIONER(S): ACCUSED: ------------------------------------------- RIYAS, S/O. MAMMY, AGED 31 YEARS, ALANCHERY HOUSE, ARINCHERMALA, KANIYAMBATTA. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, SUB INSPECTOR OF POLICE, MANANTHAVADY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1854/2011 APPENDIX PETITIONER'S ANNEXURE: ANNEX.1: COPY OF THE ORDER DTD. 07/06/2011 IN CMP.NO.2298/2011 ON THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, MANANTHAVADY. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1854 of 2011 -------------------------------------- Dated this the 21st day of June, 2011. ORDER Petitioner is involved in various cases, about ten in Wayanad District itself and as per submission made by the Law Officer in the court below he is involved in cases in other Districts also. While so, he got involved in Crime No.65 of 2011 of Mananthavady Police Station for offences punishable under Sections 379, 411, 414 and 201 of the Indian Penal Code. Learned Judicial First Class Magistrate-II, Mananthavady granted him bail as per order dated 07.06.2011 on C.M.P.No.2298 of 2011 subject to conditions which included that sureties shall produce solvency certificate. Petitioner submits that since he is in custody there is practical difficulty in getting solvency certificate. Learned counsel submitted that petitioner is prepared to abide by all other conditions imposed by learned Magistrate. It is offered by learned counsel that sureties are prepared to produce their original title deeds in respect of the property offered as security before learned Magistrate. I have heard learned Public Prosecutor also. 2. Since learned counsel has offered that sureties are willing to produce their original documents of title concerning the property offered as security I am inclined to think that it is not necessary to insist for production of Crl.MC No.1854/2011 2 solvency certificates provided, sureties also produced encumbrance certificates in respect of the said property to satisfy learned Magistrate that the properties are not otherwise encumbered. Resultantly this Criminal Miscellaneous Case is allowed to the extent that condition imposed on petitioner that his sureties shall produce solvency certificates is deleted. Instead, it is made clear that as offered by learned counsel for petitioner, sureties shall produce original documents of title of their property offered as security. Sureties shall also produce encumbrance certificates concerning the said property before the learned Magistrate. Other conditions imposed by the learned Magistrate will remain in force. THOMAS P.JOSEPH, Judge. cks