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Ponnatha vs State Of Kerala

High Court Of Kerala|06 May, 2014
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JUDGMENT / ORDER

The petitioner is aggrieved by one of the bail conditions imposed by the learned Judicial First Class Magistrate Court, Cherthala as per the order dated 02.04.2014 in CMP No. 1910/2014. The condition imposed by the learned Magistrate is that:
“one of the sureties should produce the original title deed, or if the title deed is in Tamil, the surety should produce translation of the same”.
On hearing the learned counsel and on a perusal of the impugned order, I find that the condition imposed by the learned Magistrate requires modification. Of course, the trial court will have to see the title deed, to verify whether the surety has property. However, the original title deed can be perused and returned, and a certified copy can be kept in the files. To this limited extent, the condition can be modified, and this petition can be closed. In the nature of the disposal notice to the other side is not felt necessary.
In the result this petition is allowed. The second condition imposed by the court below as per the order dated 02.04.2014 in CMP No. 1910/2014 will stand modified that Cr.M.C No.2249 of 2014 2 the original title deed produced by the surety shall be verified and returned by the trial court, and a certified copy of the original deed shall be kept in the files.
Sd/-P. UBAID, Judge lsn
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Title

Ponnatha vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
06 May, 2014
Judges
  • P Ubaid
Advocates
  • K S Arun Kumar
  • Sri
  • M S Dileep