IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Crl.MC.No. 3679 of 2009() ----------------------------------- C.M.P.9834/2009 OF JUDL. FIRST CLASS MAGISTRATE COURT-II, KOTTARAKKARA. CRIME NO.465/2009 OF CHADAYAMANGALAM POLICE STATION. .............. PETITIONER/PETITIONER: ------------------------------------- SATHEESAN, S/O.THANKAPPAN, PALAMALA PUTHEN VEEDU, NEAR KALATHOOR TEMPLE, KALATHOOR MURI AND VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. MR.V.ANIL . RESPONDENT/RESPONDENT: ------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME 465 OF 2009 OF CHADAYAMANGALAM POLICE STATION). BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3679 OF 2009 ------------------------------------------ Dated 16th November 2009 O R D E R Maruti Alto car KL-26/3556 involved in crime No.465/2009 of Chadayamangalam police station, registered for the offence under Sections 279, 337, 338 and 304 of Indian Penal Code in respect of an accident causing death of three persons and serious injuries to some others, was released to the petitioner by Annexure-I order under Section 451 of Code of Criminal Procedure on conditions. Condition was to execute bond for Rs.4,00,000/- with two solvent sureties for the like sum with a direction that sureties shall produce their title deeds. This petition is filed under Section 482 of Code of Criminal Procedure to delete the condition to produce the title deed. 2. Learned counsel appearing for the petitioner was heard. Learned counsel submitted that there is no necessity to retain the title deeds of the sureties and therefore, the said condition may be lifted. Crmc 3679/09 2 3. Learned Public Prosecutor submitted that production of the title deed is necessary to ascertain the solvency of the sureties and therefore, the condition may not be lifted. 4. By Annexure-1 order Alto car was released to the petitioner. When interim custody was granted, learned Magistrate is justified in imposing sufficient conditions. When an Alto car is released to the petitioner on interim custody, direction to execute a bond for Rs.4,00,000/- with two solvent sureties is definitely justifiable. I do not find that a direction to produce title deed of the sureties is warranted. What is necessary is that learned Magistrate must be satisfied about the solvency of the sureties. It is for the petitioner to establish before the Magistrate that sureties are solvent sureties. To that extent Annexure-1 order is modified. Condition to produce title deeds of the sureties except for verification of the solvency is quashed. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.