IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 Crl.MC.No. 640 of 2011() ------------------------------ CRMP.9/2011 of SPL. COURT (NDPS ACT CASES), THODUPUZHA .................... PETITIONER(S): PETITIONERS/SURETIES ------------------------------------------------- 1. ANISH, S/O.THOMAS, THOLATHI HOUSE, KOCHUPPUKARA, RAJAKKAD VILLAGE. 2. MANI @ RADHA MANI, W/O.MOHANAN, VARAPPILLIL HOUSE, MULLAKKANAM KARA, RAJAKKADU VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENTS/COMPLAINANT/STATE -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.9/2009 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOTTAYAM). BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.640 of 2011 -------------------------------------- Dated this the 4th day of March, 2011. ORDER Petitioners are sureties of accused No.3 in Crime No.9 of 2009 of the Excise Enforcement and Anti-Narcotics Special Squad, Kottayam. Accused No.3 and others are alleged to have committed offence punishable under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”) for alleged possession of 91.5 kgs of ganja. This Court as per order dated November 26, 2010 in B.A.No.7615 of 2010 granted bail to accused No.3 and ordered his release on his executing bond for Rupees two lakhs with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. Accordingly accused No.3 executed bond before the Special Judge for NDPS Cases, Thodupuzha. At the time of execution of bond as directed by the said court petitioners produced their original title deeds in respect of the property which was offered as security. Petitioners filed Crl.M.P.Nos.9 and 9(a) of 2011 requesting learned Special Judge to return the original title deeds as they wanted to pay revenue for the property. Those applications were dismissed by the learned Special Judge as per separate orders dated January 27, 2011 observing that accused are involved in a serious offence and that it was in the said circumstance the original title deeds of petitioner were kept in custody. Learned Special Judge however observed that petitioners can either produce solvency certificate or another solvent surety to exonerate them from Crl.MC No.640/2011 2 suretyship. Learned counsel contended that this Court while granting bail to accused No.3 as per order dated November 26, 2010 in B.A.No.7615 of 2010 did not impose any condition requiring petitioners to produce their original title deeds. I have heard learned Public Prosecutor also. 2. It is not as if in the absence of any such condition imposed by this Court while granting bail the Special Judge was not entitled to verify whether petitioners have landed properties as claimed by them . But, it was not necessary to keep in court custody the original title deeds. For the purpose of verification it was sufficient that a certified photocopy of the title deed was obtained and if necessary kept in custody. 3. Having heard learned counsel for petitioners and the learned Public Prosecutor I am inclined to allow Crl.M.P.Nos.9 and 9(a) of 2011 but subject to conditions. Resultantly this petition is allowed. Annexures-I and II, orders on Crl.M.P.Nos.9 and 9(a) of 2011 passed by learned Special Judge for NDPS Cases, Thodupuzha are set aside. Those applications are allowed. Learned Crl.MC No.640/2011 3 Special Judge is directed to return the original title deeds of petitioners to them on their producing the certified photocopy of the said documents which shall be kept in the custody of court. THOMAS P.JOSEPH, Judge. cks