IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Crl.MC.No. 1124 of 2011() -------------------------------------- CRMP.86/2011 of SPL. COURT (NDPS ACT CASES), THODUPUZHA CR. NO.10/2010 OF EXCISE ENFORCEMENT & ANTI-NARCOTIC SPECIAL SQUAD, KOTTAYAM . .................... PETITIONER(S): SURETIES --------------------------------------- 1. LEELAMMA VARGHESE,D/O.VARGHESE, CHAKKANATTUMALAYIL HOUSE,KOZHENCHERRY MURI KARA, KOZHENCHERRY VILLAGE,KOZHENCHERRY TALUK. 2. VARGHESE,S/O.VARGHESE,KARIPPAKUZHIYILAYA NELLIMALA HOUSE,MUNDIYAPPILLY KARA, KAVIYOOR HOUSE,THIRUVALLA VILLAGE. BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1124 of 2011 --------------------------------------- Dated this 05th day of April, 2011 ORDER Petitioners are sureties of the second accused in Crime No.10 of 2010 of Excise Enforcement and Anti-Narcotic Special Squad, Kottayam for offences punishable under Sec. 22(c) and 29 of N.D.P.S Act. This Court granted bail to the second accused as per Annexure-II, order dated March 9, 2011 in B.A.No.1610 of 2011 directing that the second accused be released on bail on his executing bond for `.1,00,000/- with two solvent sureties each for the like sum each to the satisfaction of the Magistrate concerned (obviously referring to the Special Court). Accordingly the second accused executed bond with petitioners as sureties. Petitioners produced their original title deeds for verification. Later, petitioners filed C.M.P.No.86 of 2011 for release of the original title deeds. Learned Special Judge, Thodupuzha vide Annexure-I, order dated March 28, 2011 directed that the second accused is involved in a serious offence, possibility of his going outside cannot rule out and in such situation original documents will be released to the petitioners on their producing a solvency certificate or if petitioners so wished, they can produce the Crl.M.C.No.1124 of 2011 -: 2 :- second accused in Court and get discharge from suretyship. It is contended that there is no reason to detain the original documents with the Court and further, that no such condition was imposed by this Court while granting bail by Annexure-II, order. I have heard learned Public Prosecutor also. 2. There is some weight in the contention raised by learned counsel. Annexure-II does not impose any condition either that solvency certificates are to be produced or that original title deeds of sureties are to be produced. What was required was only to ensure that sureties are solvent. For that production of solvency certificate as such was not required. Petitioners can substitute their original title deeds with its certified photocopies. Resultantly this criminal miscellaneous case is allowed in the following lines: (i) Annexure-I, order dated March 28, 2011 on C.M.P.No.86 of 2011 in Crime No.10 of 2010 of Excise Enforcement and Anti-Narcotic Special Squad, Kottayam is set aside and that application will stand allowed. Learned Special Judge, Thodupuzha shall return the original title deeds to the petitioner on their substituting the same with its certified photocopies. (THOMAS P JOSEPH, JUDGE) Sbna/-