IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 19TH MAY 2009 / 29TH VAISAKHA 1931 Crl.MC.No. 1643 of 2009 ------------------------- CRMP.1152/2009 of I ADDL. SESSIONS COURT, KOLLAM CRIME NO.4/2009 OF KARUNAGAPPALLY EXCISE RANGE .................... PETITIONER(S): ACCUSED. ----------------------- ASOKAN, S/O. MADHAVAN, THAIMANNEL HOUSE, PRAYAR SOUTH MURI, CLAPPANA VILLAGE, KARUNGAPPALLY. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): COMPLAINANT. --------------------------- STATE OF KERALA, REPRESENTED BY THE INSPECTOR, EXCISE RANGE, KARUNAGAPPALLY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS, J ------------------------------------ Crl.M.C No.1643 of 2009 ------------------------------------- Dated this the 19th day of May, 2009 O R D E R Heard both sides. This petition under Section 482 Cr.P.C is filed by the accused in Crime No.4 of 2009 of Karunagappally Excise Range. The offence alleged is under Section 8(i) and (ii) of Abkari Act. 1st Additional Sessions Court, Kollam granted bail to the petitioner as per order in Crl.M.P.No.1152 of 2009 dated 02.05.09 on condition of executing a bond for Rs.25,000/- with 2 solvent sureties each, who will produce their original title deeds, tax receipts and undertake that they will take back the documents only after disposal of the case. 2. The learned counsel for the petitioner submits that the petitioner is on remand from 26.03.09 and that the petitioner is unable to produce any title deeds or tax receipts of the sureties. Considering the facts and circumstances of the case, I am of the view that in the interests of justice the order in Crl.M.P.No.1152 of 2009 of Sessions Court, Kollam has to be modified. Hence this petition is allowed. That order is modified and the condition to produce original title deeds and tax receipts by sureties and to make an undertaking that they will not take back those documents only after disposal of the case is deleted. M.L.JOSEPH FRANCIS JUDGE rtr/-