Muhammed Roshan @ Kittu vs State Of Kerala on 25 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4536 of 2008()



1. MUHAMMED ROSHAN @ KITTU
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SMT.A.SALINI LAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :25/11/2008

 O R D E R
                            R. BASANT, J.
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                  Crl.M.C.No. 4536 of 2008
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          Dated this the 25th day of November, 2008

                               O R D E R

The petitioner has been granted bail by the learned

Magistrate subject to conditions. The petitioner faces allegations

for offences punishable, inter alia, under Sections 454 and 380

r/w. 511 I.P.C. The petitioner is aggrieved by one condition

imposed by the learned Magistrate in the impugned order that the

sureties must produce their original title deeds. This condition is

too onerous and the petitioner is not able to comply with that

condition. The plight of the petitioner in prison may be taken

into account. The learned Magistrate may be directed not to

insist on sureties producing their title deeds. Because of such

onerous condition, the petitioner, who has been in custody from

1.11.2008 and in whose favour order granting bail was passed on

13.11.2008, is even now languishing in prison. In these

circumstances it is prayed that the said condition may be

modified and altered.

Crl.M.C.No. 4536 of 2008
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2. I have considered all the relevant inputs. I am persuaded to

agree that insistence on such a rigid condition is not necessary. It will

be sufficient if the learned Magistrate is satisfied about the sufficiency,

solvency and acceptability of the sureties. Rigid insistence on

production of the original title deeds alone need not be made, where

the petitioner is shown to remain in custody from 1.11.2008 despite the

order granting bail on 13.11.2008.

3. This Crl.M.C. is allowed in part. The said condition – that the

sureties must invariably produce the original title deeds – is modified

and it is directed that it shall be sufficient if the sureties, on production

of whatever materials, are able to instil in the mind of the learned

Magistrate the satisfaction that they are sufficient, adequate and

solvent.

4. Hand over the order.

(R. BASANT)
Judge
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Crl.M.C.No. 4536 of 2008
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