IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Crl.MC.No. 3846 of 2008() ------------------------- AGAINST THE ORDER DATED 20/08/2008 IN CC 838/2008 IN CMP.2332/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER(S): --------------- 1. ANTONY, S/O. JOSEPH, PERINCHERIKKULAM HOUSE, THRIKKOITHANAM, CHENGANASSERY. 2. JOSEPH, S/O. MATHEW, FLANJIKODY HOUSE, MAMMOODU, MADAPPILLY, CHANGANASSERY. BY ADV. SRI.C.D.JOHNY SRI.C.ARUN PRASANTH SRI.ANOOP MATHEW ABRAHAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RIJO JACOB, S/O. JACOB, AYYARKULANGARA, KOTTAMURI, CHANGANASSERY. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3846 of 2008 ---------------------------------------- Dated this the 16th day of October 2008 O R D E R The petitioners are the sureties of the owner of a vehicle which is involved in a crime alleging commission of offences under Sections 279 and 304(A) I.P.C. The vehicle was ordered to be released on condition that the owner of the vehicle executes a bond for Rs.50,000/- with two solvent sureties each for the like sum. There is no objection to the order to this extent. But there is a further direction that the sureties must produce title deeds in original or offer any security for the value of the bond amount. 2. The petitioners/sureties submit that the condition obliging them to deposit the title deeds is most unnecessary and unfair. The offences are punishable under Sections 279 and 304 (A) I.P.C. The production of the vehicle is not essential for proceeding with the case. In these circumstances, the onerous condition that the title deeds must be produced and retained in court may be deleted. The title deeds may be ordered to be released to the petitioners/sureties, it is prayed. Crl.M.C.No.3846/08 2 3. I am at a loss to understand why in a case of release of vehicle involved in a traffic offence, such an onerous condition ought to be insisted for release of the vehicle. I am satisfied that the petitioners having executed a sufficient bond as sureties along with the owner of the vehicle, it is not necessary to insist that their title deeds must be retained in court. 4. This Crl.M.C is accordingly allowed. The title deeds of the petitioners/sureties shall be released to them forthwith. Hand over copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) jsr Crl.M.C.No.3846/08 3 Crl.M.C.No.3846/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008