IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Crl.MC.No. 4536 of 2008() ------------------------- CMP.5656/2008 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM CRIME NO.915/06 OF KAYAMKULAM POLICE STATION .................... PETITIONER(S): 1ST ACCUSED --------------- MUHAMMED ROSHAN, @ KITTU, AGED 23 YEARS, S/O.KUNJUMON, AYYATANGATHU VEEDU, KANNAMPALLIL BHAGAM MURI, KEERIKKADU VILLAGE. BY ADV. SMT.A.SALINI LAL RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4536 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2008 O R D E R The petitioner has been granted bail by the learned Magistrate subject to conditions. The petitioner faces allegations for offences punishable, inter alia, under Sections 454 and 380 r/w. 511 I.P.C. The petitioner is aggrieved by one condition imposed by the learned Magistrate in the impugned order that the sureties must produce their original title deeds. This condition is too onerous and the petitioner is not able to comply with that condition. The plight of the petitioner in prison may be taken into account. The learned Magistrate may be directed not to insist on sureties producing their title deeds. Because of such onerous condition, the petitioner, who has been in custody from 1.11.2008 and in whose favour order granting bail was passed on 13.11.2008, is even now languishing in prison. In these circumstances it is prayed that the said condition may be modified and altered. Crl.M.C.No. 4536 of 2008 2 2. I have considered all the relevant inputs. I am persuaded to agree that insistence on such a rigid condition is not necessary. It will be sufficient if the learned Magistrate is satisfied about the sufficiency, solvency and acceptability of the sureties. Rigid insistence on production of the original title deeds alone need not be made, where the petitioner is shown to remain in custody from 1.11.2008 despite the order granting bail on 13.11.2008. 3. This Crl.M.C. is allowed in part. The said condition – that the sureties must invariably produce the original title deeds - is modified and it is directed that it shall be sufficient if the sureties, on production of whatever materials, are able to instil in the mind of the learned Magistrate the satisfaction that they are sufficient, adequate and solvent. 4. Hand over the order. (R. BASANT) Judge tm Crl.M.C.No. 4536 of 2008 3