High Court Kerala High Court

Arumughan vs State Of Kerala on 17 March, 2009

Kerala High Court
Arumughan vs State Of Kerala on 17 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1021 of 2009()


1. ARUMUGHAN, S/O. JAGANATHAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTING
                       ...       Respondent

                For Petitioner  :SRI.E.C.POULOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :17/03/2009

 O R D E R
                         M.N. KRISHNAN, J
                        -----------------------
                  CRL.M.C.No. 1021 OF 2009
                   ---------------------------------
               Dated this the 17th day of March, 2009

                             O R D E R

This petition is filed with a prayer to modify the condition

that one of the sureties shall produce title deed of the property or

produce solvency certificate. The petitioner herein is involved in

Section 379 of the IPC case and the court below has granted him

bail on execution of a bond for Rs. 20,000/- with two solvent

sureties for the like sum with a condition that one of the

sureties has to produce title deed. Now the learned counsel very

strongly contends before me that it is almost impossible to get a

title deed to be produced which means virtually the bail granted

cannot be availed which will put the party into hardship and who

is in jail from 19.1.2009 onwards.

2. After hearing the submission of the learned counsel, I

am inclined to modify the condition that one of the sureties shall

produce a fixed deposit receipt in that person’s name for a sum of

Rs. 10,000/- instead of title deed and the lien of the court has to

be shown in that document by sending a letter for the said

purpose by the court. So the order is modified accordingly.

The Crl.M.C is disposed of accordingly.

M.N. KRISHNAN, JUDGE
vkm