IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Crl.MC.No. 4307 of 2010() ------------------- CRL.MC.NO. 2953/2010 IN SC.321/2006 OF ADDL. SESSIONS COURT (ADHOC-I), PALAKKAD ................... PETITIONERS / PETITIONERS / SURETIES : ----------------------------------------------------------- 1. MAHENDRA, S/O.MOHANAN, MIDHILA, VENNALA P.O., EDAPPALLY SOUTH VILLAGE, KANAYANNOOR. 2. VIJAYAN, S/O.KOCHUPARU, PAZHUVEETTIL, EZHUPUNNA VILLAGE, CHERTHALA. BY ADV. SRI. S. RAJEEV RESPONDENTS / STATE : ----------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (SC NO.321 OF 2006 ON THE FILE OF ADDITIONAL SESSIONS JUDGE (ADHOC-I), PALAKKAD). BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4307 OF 2010 --------------------------------------------- Dated 26th October, 2010 O R D E R In Crl.A.819/2009, this Court suspended the sentence of the petitioners in S.C.321/2006, on executing a bond for Rs.50,000/- with two solvent sureties for the like sum to the satisfaction of the learned Sessions Judge. As insisted by the learned Sessions Judge, sureties produced their title deeds. Subsequently, petitioners sought to return the original documents. By Annexure-1 order, learned Sessions Judge dismissed the petition. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-1 order. 2. While directing the accused/ appellant to execute a bond with Crmc 4307/10 2 two solvent sureties, this Court did not direct the sureties to produce their title deeds. What was provided was that sureties shall be solvent to the satisfaction of the Sessions Judge. Learned Sessions Judge directed petitioners, the sureties to produce the title deeds to satisfy their solvency. Once their solvency is established to the satisfaction of the learned Sessions Judge, there is no necessity to retain the original title deeds with the learned Sessions Judge. Petition is allowed. Additional Sessions Judge (Adhoc-I), Palakkad is directed to return the original documents produced by the petitioners after substituting with certified photocopies. M.SASIDHARAN NAMBIAR, JUDGE. uj.