IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3713 of 2008()
1. P.JAYARAM
... Petitioner
Vs
1. A.UNNIKRISHNA MENON & ANOTHER
... Respondent
For Petitioner :SRI.K.PRAVEEN KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :03/10/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3713 of 2008
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Dated this the 3rd day of October, 2008
O R D E R
The petitioner has been found guilty, convicted and
sentenced in a prosecution under Section 138 of the N.I. Act. He
preferred an appeal, which was admitted. He applied for
suspension of execution of sentence. That petition as allowed
subject to conditions. Inter alia, a condition was imposed that the
sureties of the petitioner must produce the original title deeds,
which, after perusal can be returned to the sureties. The
petitioner submits that the sureties are unable to produce the
original title deeds. In these circumstances the said condition
may be dispensed with, it is prayed.
2. I have gone through the impugned order. I do not find
any compelling reason to justify the insistence of the condition
that the sureties must produce the original title deeds before the
Magistrate. The petitioner is not shown to have any prior
history of disobeying the directions of the court to appear. I do
Crl.M.C.No. 3713 of 2008
2
in these circumstances agree with the counsel for the petitioner that
such a condition need not be insisted without specifying any reason.
3. This Crl.M.C. is allowed. The said condition – that the
sureties must produce the original title deeds – is hereby dispensed
with. The learned Magistrate can accept the sureties if the Magistrate
is satisfied about their acceptability. It need not be ritualistically insist
that they must produce the original title deeds. Time for execution of
the bail bond has already been expired. The petitioner is granted time
till 15.10.2008 to comply with the conditions.
4. Hand over the order.
(R. BASANT)
Judge
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