IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 19TH MAY 2009 / 29TH VAISAKHA 1931 Crl.MC.No. 1668 of 2009 ------------------------- CRMP.1220/2009 of SESSIONS COURT, KOLLAM .................... PETITIONER: ACCUSED 2 & 3 ---------------------------- 1. SANTHOSH @ ACHAPPAN, S/O.ALBERT, VELICHAM NAGAR - 143, QSS COLONY, PALLITHOTTAM, KOLLAM WEST VILLAGE, KOLLAM DISTRICT. 2. WILSON @ JAKKY, S/O.DAVID, VELICHAM NAGAR - 2, QSS COLONY, PALLITHOTTAM, KOLLAM WEST VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS, J ------------------------------------ Crl.M.C No.1668 of 2009 ------------------------------------- Dated this the 19th day of May, 2009 O R D E R Heard both sides. This petition under Section 482 Cr.P.C is filed by accused Nos.2 and 3 in Crime No.105 of 2009 of Pallithottam Police Station alleging commission of offence under Section 402 of I.P.C. 2. In this Crl.M.C the petitioners are challenging the order in Crl.M.P.No.1220 of 2009 of the Sessions Judge, Kollam to the extent it directs to produce the original title deeds and tax receipts of the sureties with an undertaking that they will not take back those documents until they are discharged by the order of the court. 3. The prosecution allegation is that on 10.04.09 at about 10.05 a.m, the respondent and party on patrol duty in the station limits found the accused along with three others who can be identified by sight in suspicious circumstances near Q.S.S Colony at Pallithottam. On body search of the 3rd accused, the respondent alleged to have recovered a curved iron rod. Accordingly the respondent suo motu registered the above crime against the petitioners and other accused. 4. The respondent produced the petitioners before the Judicial Magistrate of the First Class-II, Kollam and the learned Magistrate remanded the petitioners into judicial custody. The Crl.M.C No.1668 of 2009 - 2 - petitioners filed C.M.P.No.1890 of 2009 before the Judicial Magistrate of the First Class-II, Kollam and it stands dismissed by order dated 20.04.09. Thereafter the petitioners filed Crl.M.P.No.1220 of 2009 before the Sessions Court, Kollam. The learned Sessions Judge by order dated 11.05.09 granted bail to the petitioners by imposing a condition directing to produce the original title deeds and tax receipts of the sureties with an undertaking that they will not take back those documents until they are discharged by the order of the court. 5. The learned counsel for the petitioners submitted that the petitioners are in judicial custody for the last more than 40 days as they are unable to produce any title deeds or tax receipts of the sureties. Considering the facts and circumstances of the case, I am of the view that in the interests of justice the order in Crl.M.P.No.1220 of 2009 of Sessions Court, Kollam has to be modified. 6. Hence this petition is allowed. That order is modified and the condition to produce original title deeds and the tax receipts by the sureties and to make an undertaking that they will not take back those documents until they are discharged by the order of the court is deleted. M.L.JOSEPH FRANCIS JUDGE rtr/-