IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Crl.MC.No. 3578 of 2007() ------------------------- AGAINST THE ORDER DATED 02/06/2007 IN CRMP. 2640 /2007 IN ST.4515/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER: ACCUSED -------------------------------------- SIVAN @ SIVAGANGA, S/O.MANGATT VEETTIL DAMODARAN, NAYARAMBALAM VILLAGE, DESOM, ERNAKULAM DISTRICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: STATE --------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.NOBLE MATHEW THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3578 of 2007 = = = = = = = = = = = = = = Dated this the 18th day of January, 2008 ORDER In this petition filed under Section 482 Cr.P.C, the petitioner who is the sole accused in Crime No.302 of 2006 of Guruvayoor Police Station, seeks to modify condition No.2 in Annexure B order dated 2/06/07 passed by the J.F.C.M, Chavakkad in Crl.M.P.No.2640/2007 in S.T.No.4515/2006, as per which interim custody of the seized articles were given to the petitioner on certain conditions. Condition No.2 is that the sureties to the bond to be executed by the petitioner shall produce the original documents evidencing their title over the property to prove their solvency. 2. The properties seized from the petitioner consists of 11 items of gold ornaments, wrist watch, currency notes totaling to Rs.1,94,200/- and coins totaling to Rs.102.75, mobile phones etc. It cannot be said that the aforementioned condition imposed by the court below, while granting interim custody of the articles to the petitioner, is illegal or unwarranted. The bond amount is Rs.5 lakh and it was well within the authority of the Magistrate Crl.M.C.No.3578 of 2007 2 to insist that the sureties who vouch for the said amount of Rs.5 lakhs are solvent sureties, for which purpose, the only method is to scrutinize the title deeds over the property offered by them. It is needless to mention that after scrutinizing the title deeds and retaining photocopies of the same, the Magistrate can return the same to the sureties on an application made by them. I see no reason to modify the said condition. Hence, this Crl.M.C. is dismissed. V. RAMKUMAR, JUDGE sj