IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Crl.MC.No. 2449 of 2009() ----------------------------------- AGAINST THE ORDER DATED 06/07/2009 IN CMP.2564/2009 IN CC.26/2009 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONERS/ACCUSED ----------------------------------- 1. M/S.K.SREEDHARAN & CO. KALLALATHIL HOUSE, T.K.1174, DEVI BHAVAN, THALIKKAVU, KANNUR, REPRESENTED BY ITS PARTNER, K.ANUP. 2. K. ANUP, KALLALATHIL HOUSE, T.K. 1174, DEVI BHAVAN, THALIKKAVU, KANNUR. BY MR.K.P.DANDAPANI, SENIOR ADVOCATE ADV. MR.MILLU DANDAPANI RESPONDENTS/COMPLAINANT & STATE ----------------------------------------------------------- 1. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2(1) KANNUR. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2449 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.26/2009 on the file of Additional Chief Judicial Magistrate's Court (Economic Offences), Ernakulam. Petitioners were granted bail as per order in C.M.P.No.2564/2009 dated 6.7.2009, on executing a bond for Rupees One lakh with two solvent sureties each for the like sum. In addition, there was a direction to produce the title deeds of the properties of the sureties. This petition is filed under Section 482 of Code of Criminal Procedure to quash the direction to produce the title deeds of the sureties in the bail order. 2. Learned senior counsel appearing for the petitioners and learned counsel appearing for the first respondent were heard. 3. When the Additional Chief Judicial Magistrate found that petitioners are entitled to CRMC 2449/09 2 be enlarged on bail, I find no necessity for a direction to the sureties to produce the title deeds of their property. What is to be assured is the presence of the accused for the purpose of trial. For that purpose, production of the title deeds of the sureties is not necessary. In such circumstances, petition is allowed. Order in C.M.P.No.2564/2009 to the extent it directs the sureties to produce their title deeds is quashed. 28th July, 2009 (M.Sasidharan Nambiar, Judge) tkv