IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Crl.MC.No. 3883 of 2010() ------------------------------------- C.M.P.2252/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOTTARAKKARA. CRIME NO.267/2009 OF POOYAPPALLY POLICE STATION. .................... PETITIONER/PETITIONER: --------------------------------------- ABHILASH THAMPI, AGED 33 YEARS, S/O.ANIRUDHAN, THAMPIMADATHIL, MUTTAR PO., ODANAVATTOM. BY ADV. SRI.THYPARAMBIL THOMAS THOMAS RESPONDENT/RESPONDENT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3883 of 2010 -------------------------- ORDER By Annexure-A4 order, Judicial First Class Magistrate-II, Kottarakkara granted interim custody of Maruti Alto Car KL-24/1828 to the petitioner on executing a bond for Rs.4,50,000/- with two solvent sureties each for the like sum and also Honda Unicon Bike KL-2/Y8003 on executing a bond for Rs.80,000/- with two solvent sureties each for the like sum, on conditions. Sureties were directed to produce their title deeds. This petition is filed under Section 482 of Code of Criminal Procedure to quash the condition directing production of title deeds of the sureties. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Magistrate directed the petitioner to execute a bond for Rs.4,50,000/- and Rs.80,000/- respectively with two solvent sureties each for the CRMC 3883/10 2 like sum. The direction to produce the title deeds of the sureties was to assure that sureties are capable of paying the amount covered by the bond. To that extent, I find no illegality in the direction. But, it is made clear that learned Magistrate shall not insist for production of the title deeds of the sureties, if, by any other means, petitioner could satisfy the learned Magistrate that sureties are solvents to the extent covered by the bond. Petition is disposed. 22nd September, 2010 (M.Sasidharan Nambiar, Judge) tkv