IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 Crl.MC.No. 3228 of 2011() ------------------------- CRMP.6502/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR CRIME NO.1174/2011 OF KODUNGALLUR POLICE STATION. .................... PETITIONER(S)/1ST AND 2ND ACCUSED -------------------------------------------------------- 1. MANIMEGHALA, AGED 25 YEARS, W/O.MANIKANDAN, KAKKAPALAYAM, SELAM TALUK, TAMIL NADU. 2. SATHYA, AGED 30 YEARS, W/O.KARUPPAYYA, SELAM TALUK, KAKKAPALAYAM, TAMIL NADU. BY ADV. SRI.K.V.RAMABHADRAN RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KODUNGALLUR, IN CRIME NO.1174/2011, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAISURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3228 of 2011() ------------------------------------- APPENDIX -------------- PETITIONER'S ANNEXURES ---------------------------------------- ANNEXURE A. CERTIFIED COPY OF THE ORDER IN CRL. MP. NO.6502/2011 DATED 17.09.2011 OF THE JUDICIAL MAGISTRTE OF I CLASS COURT, KODUNGALLUR. ANNEXURE B. COPY F THE CERTIFICATE DATED 15.9.2011 ISSUED BY DR. S.S. SUBRAMANIAN, ASST. SURGEON (ADHOC), DISTRICT HOSPITAL, THRISSUR. RESPONDENT'S ANNEXURE : NIL ----------------------------------------- / TRUE COPY / P.A. TO JUDGE VL N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3228 of 2011 ----------------------------------- Dated this the 23rd day of September 2011 O R D E R This petition is to modify the condition in the bail order passed by the learned Magistrate. The accused are persons of Salem Taluk of Tamil Nadu State. The offence alleged against them is under Sec.379 r/w 34 IPC. 2. The allegation is that, accused committed theft of gold chain worth one sovereign from the neck of the daughter of the de facto complainant. Taking note of the seriousness of the matter, the learned Magistrate while granting bail, a condition was imposed to the effect that one surety shall be the close relative of the accused ie; blood relative and that they have to produce document to prove that aspect. That condition, according to the learned counsel is harsh since it is difficult to get such a surety. The petitioners are persons of Selam Talum. Considering all the aspects, condition No.2 in Crl.M.C. No.3228 of 2011 -: 2 :- paragraph 6 of the order passed by the learned Magistrate stands modified to the effect that the petitioners can produce two sureties residing within the limits of Peramangalam Police Station of Thrissur District. But the learned Magistrate can insist production of the original title deeds and also the photo identity cards or other documents to prove the identity of the sureties. If the sureties require the original title deeds, it can be taken back by filing an affidavit stating the reason for that purpose and should convince the Magistrate of that purpose and substitute the original with attested photocopies; besides the recent basic tax receipts. The learned Magistrate can ensure whether the property mentioned in the document is sufficient to show that both sureties are solvent. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt