IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Crl.MC.No. 1466 of 2011 ---------------------------------- [M.P.NO.685/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASSCOURT -II, ALUVA] .................... PETITIONER/1ST ACCUSED: ----------------------------------------- SREENESH, S/O.LOHITAKSHAN, PALAKKAPARAMBIL HOUSE, CHERANELLOOR VILLAGE, KANAYANNOOR TALUK. BY ADV. SRI.V.N.SUNIL KUMAR. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. MANU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1466 of 2011 -------------------------------------- Dated this the 24th day of May, 2011. ORDER Petitioner is the first accused in Crime No.675 of 2011 of Kalamassery Police Station for offence punishable under Section 20(b)(ii) A of the Narcotic Drugs and Psychotropic Substances Act, 1985. He preferred C.M.P.No.685 of 2011 under Section 457 of the Code of Criminal Procedure for release of the motor cycle and mobile phone seized by the Police in connection with the case. Learned Magistrate, by order dated April 12, 2011 allowed that petition in part and directed release of the motor cycle subject to conditions among others that one of the sureties shall produce the title deed or solvency certificate. Petitioner wants the said condition to be lifted and has filed this petition for the said purpose. Learned counsel submitted that one of the proposed sureties is the mother of petitioner and she has pledged the property with the bank. I have heard learned Public Prosecutor. 2. Learned Magistrate has not prescribed that one of the sureties shall be the mother of petitioner. If petitioner’s mother has pledged the property with the bank it is open to the petitioner to offer some other person as surety. There is no reason why I should interfere with the condition imposed. But, I make it Crl.MC No.1466/2011 2 clear that it is not necessary that the surety should produce the original of the title deed. It is sufficient that either the solvency certificate or, a self attested photocopy of the title deed of the surety is produced. With the above direction, this Criminal Miscellaneous Case is closed. THOMAS P.JOSEPH, Judge. cks