IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.MC.No. 4992 of 2008() ------------------------- AGAINST THE ORDER IN L.P.C79/09 IN CC29/04 IN CMP.6401/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONERS/SURETIES: ----------------------------------- 1. RUKHIYA, W/O. ABDUL KHADER CHEMNAD. 2. MARIAMBI, D/O. AMU, SHRIBAGILU. BY ADV. SRI.T.B.SHAJIMON RESPONDENT/COMPLAINANT: ----------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSOECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4992 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008 O R D E R The petitioners were sureties of an accused, who faced allegations under the Kerala Abkari Act. The accused for whom the petitioners stood sureties started absconding and the case has been transferred to the list of long pending cases. Proceedings under Section 446 Cr.P.C. were initiated against the petitioners and they have been directed to pay penalty. Against that order under Section 446 Cr.P.C. an appeal has been preferred under Section 449 Cr.P.C. and the said appeal is pending before the Court of Sessions, Kasaragod. While offering themselves as sureties, the petitioners had produced the title deeds before the learned Magistrate. Petitioners now badly require the title deeds to satisfy certain compelling demands. They applied for release of the title deeds. But that prayer was refused. They claim to be aggrieved by that order. 2. I am satisfied in the given circumstances that the petitioners can be permitted to take back the title deeds produced Crl.M.C.No. 4992 of 2008 2 in court on condition that they deposit the entire penalty amount, which they are liable to pay under the order passed under Section 446 Cr.P.C, which is pending in appeal. I accept the request of the learned counsel for the petitioners that a direction can be issued for expeditious disposal of Crl.A. 307 of 2008 pending before the Sessions Court, Kasargode. 3. In the result: a) This Crl.M.C. is allowed in part. b) It is directed that the title deeds deposited by the petitioners before the learned Magistrate shall be released to them by the learned Magistrate if they deposit the entire penalty amount payable under the order passed under Section 446 Cr.P.C. c) The learned Sessions Judge shall ensure that Crl.A. 307 of 2008 is disposed of as expeditiously as possible, at any rate within a period of one month from the date on which a copy of this order is produced before the learned Judge. (R. BASANT) Judge tm Crl.M.C.No. 4992 of 2008 3