IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 3713 of 2008 --------------------------------- (ST.2698/2008 OF JUDICIAL 1ST CLASS MAGISTRATE II (MOBILE), KOZHIKODE) ......... PETITIONER/ ACCUSED: ----------------------------------- P. JAYARAM, S/O. ANDIKUTTY, PALAKKANDY HOUSE, MANKAVU.P.O., KOZHIKODE -7. BY ADV. SRI.K.PRAVEEN KUMAR. RESPONDENT/ COMPLAINANT/ STATE: -------------------------------------------------------- 1. A.P. UNNIKRISHNA MENON, “SUJA”, CHALAPPURAM.P.O., KOZHIKODE - 2. 2. STATE, REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3713 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2008 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the N.I. Act. He preferred an appeal, which was admitted. He applied for suspension of execution of sentence. That petition as allowed subject to conditions. Inter alia, a condition was imposed that the sureties of the petitioner must produce the original title deeds, which, after perusal can be returned to the sureties. The petitioner submits that the sureties are unable to produce the original title deeds. In these circumstances the said condition may be dispensed with, it is prayed. 2. I have gone through the impugned order. I do not find any compelling reason to justify the insistence of the condition that the sureties must produce the original title deeds before the Magistrate. The petitioner is not shown to have any prior history of disobeying the directions of the court to appear. I do Crl.M.C.No. 3713 of 2008 2 in these circumstances agree with the counsel for the petitioner that such a condition need not be insisted without specifying any reason. 3. This Crl.M.C. is allowed. The said condition – that the sureties must produce the original title deeds – is hereby dispensed with. The learned Magistrate can accept the sureties if the Magistrate is satisfied about their acceptability. It need not be ritualistically insist that they must produce the original title deeds. Time for execution of the bail bond has already been expired. The petitioner is granted time till 15.10.2008 to comply with the conditions. 4. Hand over the order. (R. BASANT) Judge tm