IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 Crl.MC.No. 4472 of 2010() ------------------------------------- CRIME NO.38/2006 OF KANNUR TOWN POLICE STATION. .................... PETITIONER(S): ----------------------- T. SAIBUNNEESA, W/O.HASSAN, PATHIRIPARAMBA, P.O.MELECHOVVA, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4472 of 2010 -------------------------- ORDER Pursuant to the condition in the order granting bail, surety to the accused, who is none other than the mother of the accused, deposited her title deed before Judicial First class Magistrate's Court-I, Kannur in Crime No.38/2006. Later, she filed Annexure-I petition to release the title deed. By Annexure-II order, learned Magistrate dismissed the petition holding that it was deposited as directed in the order granting bail and Magistrate has no power to modify or alter the condition. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. On hearing the learned counsel, I do not find it necessary for the Court to retain the title deed. Annexure-II order is quashed. Judicial First Class Magistrate-I, Kannur is directed to release the title deed as sought for in Annexure-I petition. Petition is disposed. 2nd December, 2010 (M.Sasidharan Nambiar, Judge) tkv