Narayanan Nair vs State Of Kerala on 20 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 240 of 2009()


1. NARAYANAN NAIR, S/O.KESAVAN NAMBIAR,
                      ...  Petitioner
2. RAJU, S/O.PYNKILI, KALLINKAKUDIYIL

                        Vs


1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.K.K.CHANDRAN PILLAI

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :20/01/2009

 O R D E R
                 M. SASIDHARAN NAMBIAR,J.

               -------------------------------------------------

                    CRL.R.P.NO. 240 OF 2009

              --------------------------------------------------

            Dated this the 20th day of January, 2009

                               O R D E R

Revision petitioners are the sureties to the accused in

C.C.357 of 2006 on the file of Chief Judicial Magistrate,

Thodupuzha. Eighth accused was released on bail on the

revision petitioner executing a bond and also producing of their

title deeds. Revision petitioner filed C.M.P. 6892 of 2008 and

C.M.P. 6893 of 2008 to get back the title deeds produced by

them stating that the title deeds are necessary for raising a loan.

Petitions were dismissed by the Chief Judicial Magistrate for the

reason that permanent exemption was granted to the eighth

accused and the bail bond was executed on production of title

deeds and therefore the title deeds cannot be returned.

2. Learned counsel appearing for revision petitioners

submitted that eighth accused is now appearing in Court and

revision petitioners are prepared to furnish Fixed Deposit

receipts for the amount covered by the bond and in such

circumstances the title deeds may be directed to be returned.

CRRP 240/2009
2

Learned Public Prosecutor submitted that in that event there is

no objection for returning the title deeds. In such circumstances

the order dated 3.12.2008 in CMP 6892 of 2008 and CMP 6893

of 2008 in C.C.357 of 2006 is set aside. Learned Magistrate is

directed to return the titled deeds to the sureties on production

of the Fixed Deposit receipts or deposit of the amount covered by

the bond before the Court. Learned counsel submitted that

C.C.357 of 2006 is subsequently transferred to the file of Judicial

First Class Magistrate, Idukki and if so, Judicial First Class

Magistrate, Idukki to return the title deeds as directed.

M. SASIDHARAN NAMBIAR, JUDGE

okb