Asokan vs The C.I. Of Police on 13 November, 2009

[Cites 2, Cited by 23]

Kerala High Court

Asokan vs The C.I. Of Police on 13 November, 2009

Bench: M.Sasidharan Nambiar

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3657 of 2009()


1. ASOKAN, S/O. AYYAPPAN,
                      ...  Petitioner

                        Vs



1. THE C.I. OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.SYAM J SAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :13/11/2009

 O R D E R
             M.Sasidharan Nambiar, J.
            --------------------------
              Crl.M.C.No.3657 of 2009
            --------------------------

                       ORDER

Petitioner, the accused in Crime No.549/2008 of Kadakkal Police Station, was granted statutory bail on the failure of the Investigating Officer to file a final report within the statutory period as provided under Section 167(2) of Code of Criminal Procedure, by Annexure-A1 order on conditions. Learned Magistrate directed the sureties to produce their original title deeds. This petition is filed to quash the said condition contending that as petitioner is not in a position to produce the sureties, who can produce their original title deeds before the Magistrate and so, petitioner is not in a position to enjoy the benefit of bail granted under Annexre-A1 order and therefore, it is to be quashed.

2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. CRMC 3657/09 2

3. When statutory bail is granted, though the Magistrate is competent to impose conditions, the condition shall not be such that the accused is deprived of the benefit available to him under the Code. I do not know what benefit could be gained by directing the sureties to produce their original title deeds. The direction of the Magistrate is to execute a bond for Rs.25,000/- with two solvent sureties each for the like sum. What is to be satisfied by the Magistrate is that the sureties are solvent to the extent of Rs.25,000/-. For that purpose, it is not necessary that the original title deeds should be produced. In such circumstances, the condition to produce the original title deeds of the sureties is quashed. But, it is provided that at least one of the sureties shall be a close relative of the petitioner like parents or siblings.

4. Learned counsel appearing for the petitioner also sought modification of the condition directing CRMC 3657/09 3 petitioner to appear before the Investigating Officer on every Tuesday and Thursday. The offence alleged against the petitioner is under Section 302 of Indian Penal Code. Learned Public Prosecutor submitted that investigation of the case is in progress. Therefore, it is not in the interest of justice to modify the said condition.

Petition is disposed.

13th November, 2009 (M.Sasidharan Nambiar, Judge) tkv

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