IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Crl.MC.No. 2452 of 2009(S) -------------------------- LP.13/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... PETITIONER/ACCUSED: -------------------------------------- SHAN, S/O. BASHEER, THADATHIL VADAKKATHIL (SHEBINA MANZIL), MYNAGAPPALLY VILLAGE, KARUNAGAPPALLY. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2452 OF 2009 ------------------------------------------ Dated 29th July 2009 O R D E R Petitioner is the accused in S.T.36/2006 on the file of Judicial First Class Magistrate-V, Thiruvananthapuram. As petitioner did not appear, the case was transferred to register of long pending cases s L.P.13/2009. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to permit the petitioner to be represented by a counsel or direct the Magistrate not to insist for production of title deeds of the sureties while executing bail bond. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel appearing for petitioner submitted that petitioner had gone to the court but when he tried to file a petition for personal exemption from appearance petitioner was told that the title deeds of the sureties are to be produced. In such circumstances, it is submitted that a CRMC 2452/09 2 direction is to be granted. Learned counsel submitted that the legal position is covered by the decision of this court in Rohit S.Ved v. State of Kerala (2008 (4) KLT 671). 4. On hearing the learned counsel I find it not necessary for this court to issue a direction in anticipation of an order to be passed by the Magistrate. If petitioner is entitled to file an application under Section 205 of Code of Criminal Procedure without surrender, as canvassed by this court, Magistrate cannot refuse the same. In such circumstances, petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.