IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Crl.Rev.Pet.No. 240 of 2009() ----------------------------- AGAINST THE ORDER DT. 3.12.2008 IN C.M.P. 6892/2008 AND 6893/2008 IN CC.357/2006 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... REVN. PETITIONERS/ PETITIONERS: --------------------------------- 1. NARAYANAN NAIR, S/O.KESAVAN NAMBIAR, MANNUMATTATHIL (SARITHAS), POTHANICADU VILLAGE, KOTHAMANGALAM TALUK (IN C.M.P.6893/08). 2. RAJU, S/O.PYNKILI, KALLINKAKUDIYIL VEEDU, MUVATTUPUZHA VILLAGE, MUVATTUPUZHA TALUK (C.M.P. 6892/08). BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.A.S.SAJUSH PAUL RESPONDENT/RESPONDENT/STATE: --------------- STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR OF POLICE, THODUPUZHA. PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR,J. ------------------------------------------------- CRL.R.P.NO. 240 OF 2009 -------------------------------------------------- Dated this the 20th day of January, 2009 O R D E R Revision petitioners are the sureties to the accused in C.C.357 of 2006 on the file of Chief Judicial Magistrate, Thodupuzha. Eighth accused was released on bail on the revision petitioner executing a bond and also producing of their title deeds. Revision petitioner filed C.M.P. 6892 of 2008 and C.M.P. 6893 of 2008 to get back the title deeds produced by them stating that the title deeds are necessary for raising a loan. Petitions were dismissed by the Chief Judicial Magistrate for the reason that permanent exemption was granted to the eighth accused and the bail bond was executed on production of title deeds and therefore the title deeds cannot be returned. 2. Learned counsel appearing for revision petitioners submitted that eighth accused is now appearing in Court and revision petitioners are prepared to furnish Fixed Deposit receipts for the amount covered by the bond and in such circumstances the title deeds may be directed to be returned. CRRP 240/2009 2 Learned Public Prosecutor submitted that in that event there is no objection for returning the title deeds. In such circumstances the order dated 3.12.2008 in CMP 6892 of 2008 and CMP 6893 of 2008 in C.C.357 of 2006 is set aside. Learned Magistrate is directed to return the titled deeds to the sureties on production of the Fixed Deposit receipts or deposit of the amount covered by the bond before the Court. Learned counsel submitted that C.C.357 of 2006 is subsequently transferred to the file of Judicial First Class Magistrate, Idukki and if so, Judicial First Class Magistrate, Idukki to return the title deeds as directed. M. SASIDHARAN NAMBIAR, JUDGE okb