IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Crl.MC.No. 1234 of 2010() -------------------------------------- (CMP.12955/09 OF JUDICIAL FIRST CLASS MAGISTRATE II, KOTTARAKKARA) ........ (CR.NO.595/09 OF POOYAPPALLY POLICE STATION) PETITIONER(S): COMPLAINANT: ------------------------------------------------ SHERIFA BEEVI,AGED 70 YEARS, D/O.BEEVIKUNJU,SURABHI HOUSE,THRICHAMKAVU,OYUR, POOYAPPALLY VILLAGE,KOTTARAKKARA TALUK. BY ADV. MR.SYAM J SAM RESPONDENT(S): STATE/ACCUSED: ------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1234 OF 2010 =========================== Dated this the 8th day of April,2010 ORDER By Annexure A2 order Judicial First Class Magistrate's Court-II, Kottarakkara granted interim custody of the gold ornaments on conditions. One of the condition was that the sureties shall produce the title deed. This petition is filed under section 482 of the Code of Criminal Procedure to quash the said condition. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel is that if sureties are directed to produce title deed, petitioner may not be in a position to produce sureties and therefore petitioner cannot enjoy the order. 4. Learned counsel appearing for the Crl.M.C.1234//2010 2 petitioner and learned Public Prosecutor were heard. 5. Annexure A2 order is modified to the effect that if petitioner furnishes bank guarantee for the value of the gold ornaments, learned Magistrate not to insist for the production of title deed by the sureties. Petition is disposed of. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006