IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Crl.MC.No. 4659 of 2010() ------------------------- ( SC.494/2008 of ASSISTANT SESSIONS COURT, CHENGANNUR CRIME NO.212/2007 OF CHENGANNUR POLICE STTION) .................... PETITIONER/ACCUSED: --------------------------------- BINU @ MOZHA BINU @ MANOJ, S/O.JOY, KALLISSERRY VEEDU, THIRUMOOLAPURAM MURI, KUTTAPPUZHA MURI, KUTTAPPUZHA VILLAGE FROM KANDATHIL PARAMBIL VEEDU, KEEZHUANMAZHY MURI, PADANADU VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/12/2010, ALONG WITH CRMC NO. 4662 OF 2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. ---------------------------------------------------------- CRL.M.C.NOs.4659 & 4662 OF 2010 --------------------------------------------------------- Dated 6th December, 2010 O R D E R Petitioner, the accused in S.C.494/2008 and S.C.1031/2009 on the file of Assistant Sessions Court, Chengannur was granted bail on executing bonds for Rs.50,000/- with two solvent sureties and production of original title deeds of the sureties. Petitions are filed to quash the condition directing the sureties to produce the title deeds. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel submitted that petitioner is being in judicial custody for more than 1½ years and in such Crmc 4659 & 4662/10 2 circumstances, condition may be modified providing that sureties need be solvent sureties. 4. Learned Public Prosecutor submitted that petitioner is an accused in five cases registered by Chengannur Police and in four cases registered by Venmoni police and in S.C.494/2008 out of eight witnesses, four witnesses have already been examined and only four witnesses remains to be examined. It is also submitted that in S.C.1031/2009 also witnesses were partly examined and petitioner was once released on bail, but he jumped bail and he could be arrested only after three years and in such circumstances, if condition is relaxed, the petitioner will not be available for trial. Considering the fact that more than Crmc 4659 & 4662/10 3 half of the witnesses have already been examined and petitioner though released on bail had jumped bail and he could be arrested and produced before the Court only after three years, I do not find that in the interest of justice the condition is to be modified. Petitions are dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.