IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 Crl.MC.No. 1008 of 2011() ------------------------- CMP.320/2011 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... (CRIME NO.71/2006 OF KANNUR TOWN POLICE STATION,KANNUR DISTRICT) ........ PETITIONER(S): ACCUSED: ----------------------------------------- 1. M.P.VASANTHI,MANOOKKARA PARAKKATTUMBRATH, MULLOOL,PATTUVAM AMSOM DESOM,TALIPARAMBA TALUK, KANNUR DISTRICT. 2. M.P.RAMESH BABU,MANOOKKARA PARAKKATTUMBRATH MULLOOL,PATTUVAM AMSOM DESOM, TALIPARAMBA TALUK,KANNUR DISTRICT. BY ADVS. SRI.M.RAMESH CHANDER, SMT.K.A.SANJEETHA. RESPONDENT(S): STATE: -------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM-31. BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1008 of 2011 ==================================== Dated this the 29th day of March, 2011 O R D E R Petitioners are sureties of the accused in Crime No.71 of 2006 of Kannur Town Police Station for offences punishable under Sections 468 and 471 of the Indian Penal Code and Section 12(1) (b) of the Indian Passport Act. Grievance of petitioner is that while getting release of accused on bail as directed by the learned Magistrate petitioners had produced their original title deeds and later, petitioners filed C.M.P. No.2619 of 2007 for release of the original title deeds. But that application was dismissed by the learned Magistrate on 11.07.2007 as final report was not filed. After four years petitioners again filed a similar petition for the same relief which was rejected as per Annexure-A2, order dated 14.02.2011 again for the reason that final report is not filed. Counsel submitted that original title deeds are not required to be retained by the trial court. I have heard learned counsel for petitioners and the learned Public Prosecutor. 2. Having heard counsel for petitioner and the learned Public Prosecutor I am inclined to think that there is no necessity to retain the original title deeds. Petitioners can substitute the CRL.M.C. No.1008 of 2011 -: 2 :- original title deeds with certified photocopies of the said documents. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-A2, order is set aside. C.M.P. No. 320 of 2011 of the court of learned Judicial First Class Magistrate-I, Kannur (in Crime No. 71 of 2006 of Kannur Town Police Station) is allowed. Learned Magistrate is directed to release original title deeds of the sureties (petitioners herein) on their substituting the same with certified photocopies of those documents. THOMAS P. JOSEPH, JUDGE. vsv