IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Crl.MC.No. 4695 of 2008() ------------------------- CRMP.3263/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O), ERNAKULAM IN FILE NO.VIII/10/26 OF 2004 OF THE DRI. .................... PETITIONER(S): SURETIES ----------------------- 1. MUMTHAS BEGAN, W/O. MOITHEEN ABDUL KHADER, AGED 55 YEARS, NO.64, EAST STREET, KELAKARAI VILLAGE, RAMANATHAPURAM TALUK, RAMANATHAPURAM DISTRIT, TAMILNADU. 2. SATHER, S/O. SHAHUL HAMEED, AGED 40 YEARS, MUSLIM STREET, RAMESWARAMA VILLAGE, RAMANATHAPURAM TALUK, RAMANATHAPURAM DISTRIT, TAMILNADU. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT -------------------------- SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, KOCHI, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.C.P.UDAYABHANU FOR R SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4695 of 2008 ------------------------------------------------- Dated this the 15th day of January, 2009 ORDER The petitioners are the sureties of an accused who faces allegations under Sec.135 of the Customs Act. Investigation is pending. Final report/complaint has not been filed yet. The accused concerned has come to this Court with Crl.M.C.No.4654/08. In that, he claims quashing of the proceedings on the ground that he has been exonerated in the departmental proceedings. That Crl.M.C. is adjourned to enable the counsel to get instructions from the respondent. 2. At this juncture, the petitioners/sureties of the said accused pray that their title deeds which have been produced to satisfy the court of their solvency when they executed bonds may be ordered to be released to the petitioners. Inasmuch as the accused has been exonerated in the departmental Crl.M.C. No. 4695 of 2008 -: 2 :- proceedings, it is not necessary to insist on such rigid condition – of deposit of title deeds of the sureties. In these circumstances, the title deeds of the sureties may be ordered to be released, it is prayed. 3. Notice was given to the learned Standing Counsel for the DRI. The learned Standing Counsel does not oppose the application. In the facts and circumstances of this case, I am satisfied that a direction can be issued for the release of the title deeds of the sureties produced by them when they were accepted as sureties to satisfy the learned Magistrate of their solvency. 4. In the result: (a) This Crl.M.C. is allowed. (b) The title deeds produced by the sureties shall be released to the petitioners; but it is made clear that the bond executed by them shall continue to remain in force until further orders. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4695 of 2008 -: 3 :-