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2010 DIGILAW 645 (KER)

Shiju v. State of Kerala

2010-08-19

V.K.MOHANAN

body2010
ORDER : The appellant in this petition seeks an order, from this court, directing the court below to release the original title deeds produced by the sureties of the petitioner while complying with Annexure 1 order. 2. This court by Annexure 1 order suspended the execution of the sentence, imposed against the appellant/petitioner, on compliance with the conditions incorporated therein. There is no condition directing the sureties to produce the original title deed. However, the order was complied with and as insisted by the court below it is submitted that the sureties have produced their title deed. I am satisfied that, in the absence of any condition imposed by this court on producing the title deed for executing the Bond, this petition can be allowed especially in the light of the decision of this court in (Asokan v. C.I. of Police) in 2010 (1)KLT SN 18(C.No.21). In the result, there will be a direction to the Court of Addl. Sessions, (Ad hoc-II), Kottayam, to release the original title deed to the sureties, who executed the Bond in favour of the appellant/ petitioner, forthwith. The order dated 30.4.2010 in Crl.M.A.4443 of 2010 in Crl.A.No.862/10, is extended till the disposal of the above appeal.