IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Crl.MC.No. 2796 of 2008() ------------------------- CRMP.2763/2008 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVUR .................... PETITIONER: ACCUSED NOS 1 AND 2 ------------------------------- 1. JOSEPH, S/O.FRANCIS, AGED 41 YEARS, KALATHIL HOUSE, THURUTHIPARAM KARA, PUTHENVELIKKARA VILLAGE, N.PARAVUR, ERNAKULAM DISTRICT. 2. BABU, S/O.BHASKARAN, AGED 42 YEARS, PERINGEDAT HOUSE, OOZHATHUKADAVIL BHAGAM, LOKAMALLESWARAM, KODUNGALLUR. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, PUTHENVELIKKARA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2796 of 2008 ------------------------------------- Dated this the 5th day of August, 2008 ORDER Petitioners, who face allegations in a crime registered alleging the offences punishable under the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, claim to be aggrieved by the condition imposed on them when they were enlarged on bail. The condition assailed is the condition that the sureties must produce original title deeds in respect of their property. The learned counsel for the petitioners submits that the insistence on the said condition is causing great hardship to the petitioners as the sureties are not able to produce their original title deeds. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. No specific grounds are shown to justify insistence on such condition. I am satisfied, in these circumstances, that rigid insistence need not be made on production of the original title deeds of the sureties. Any appropriate document as insisted by Crl.M.C. No.2796 of 2008 2 the learned Magistrate can be produced to instill the necessary satisfaction in the mind of the court. 3. This petition is accordingly allowed to the above extent. The direction that the original title deeds of the sureties must be produced is set aside. It shall be open to the learned Magistrate to consider the materials produced by the sureties to entertain the requisite satisfaction that the sureties are sufficient and solvent and they can be accepted as sureties. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.2796 of 2008 3 R.BASANT, J ------------------------------------ Crl.M.C. No.2796 of 2008 ------------------------------------- Dated this the 28th day of July, 2008 ORDER The learned Public Prosecutor prays for time. Call on 05.08.08. 2. The condition that the sureties shall produce the original title deeds shall not be insisted till 05.08.08. No steps Crl.M.C. No.2796 of 2008 4 shall be taken against the sureties or the accused persons for the reason that the said condition has not been complied with till that date. (R.BASANT, JUDGE) rtr/-