IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4472 of 2010()
1. T.SAIBUNNEESA, W/O.HASSAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.U.SHAILAJAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :02/12/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.4472 of 2010
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ORDER
Pursuant to the condition in the order granting
bail, surety to the accused, who is none other than the
mother of the accused, deposited her title deed before
Judicial First class Magistrate’s Court-I, Kannur in
Crime No.38/2006. Later, she filed Annexure-I petition
to release the title deed. By Annexure-II order,
learned Magistrate dismissed the petition holding that
it was deposited as directed in the order granting bail
and Magistrate has no power to modify or alter the
condition.
2. Learned counsel appearing for the petitioner
and learned Public Prosecutor were heard.
3. On hearing the learned counsel, I do not find
it necessary for the Court to retain the title deed.
Annexure-II order is quashed. Judicial First Class
Magistrate-I, Kannur is directed to release the title
deed as sought for in Annexure-I petition.
Petition is disposed.
2nd December, 2010 (M.Sasidharan Nambiar, Judge)
tkv