The High Court allowed a criminal misc. appeal to modify bail conditions. The court directed that sureties need not be Kerala residents but must produce title deeds for verification by revenue authorities.
Condition No.1 modified to allow non-Kerala residents as sureties subject to production of title deeds for revenue verification.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY,THE 16TH DAY OF JANUARY 2019 / 26TH POUSHA, 1940
Crl.MC.No. 87 of 2019
AGAINST CC 514/2018 of J.M.F.C.,KOLENCHERRY
CRIME NO. 585/2018 OF Ramamangalm Police Station , Ernakulam
PETITIONERS:
1 AJITHKUMAR, AGED 22 YEARS, S/O.PANDI, KAMALANAGAR, 12/5, VADAKKU STREET, THATTAKULAM VILLAGE, MADURAI DISTRICT, TAMIL NADU.
2 KARTHIK, AGED 23 YEARS, S/O.SUBRAHMANIAN RAVI, MANALIYIL HOUSE NO.3874, MATHOOR MMDA, CHENNAI CORPORATION, THIRUVALLUR DISTRICT, TAMIL NADU.
BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA
RESPONDENTS:
1 STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
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2 SUB INSPECTOR OF POLICE, RAMAMANGALAM POLICE STATION, RAMAMANGALAM - 686663.
SRI. ALEX M.THOMBRA, SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. 87/19
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ORDER
Petitioners are the accused in Crime No.585 of 2018 of Ramamangalam Police Station registered for the offence under Section 392 IPC. By Annexure-A order the learned Magistrate grated them bail subject to the condition inter alia that they shall execute a bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two solvent sureties for the like sum. It was directed that the sureties shall be residents of Kerala. The prayer in this Crl.M.C. is to modify the condition.
In the result, this Crl.M.C. is allowed. Condition No.1 in Annexure-A order will stand modified as follows: The petitioners shall execute bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two solvent sureties each for the like sum. The sureties shall produce their title deeds of the properties. The
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Crl.M.C. 87/19
court shall verify genuineness of the documents from the revenue authorities concerned. The documents shall not be
returned till the conclusion of the trial.
Sd/-
K.ABRAHAM MATHEW JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A THE CERTIFIED COPY OF THE CMP NO.941(A)/18 IN CRIME NO. 585/18 OF RAMAMANGALAM POLICE STATION, DATED 31/8/2018.
ANNEXURE-B THE CERTIFIED COPY OF THE ORDER IN CMP NO.2090/18 IN CC NO.514/2018 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURTI, KOLENCHERRY DATED 1/12/2018.
RESPONDENT'S/S' EXHIBITS:
NIL
/True Copy/
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2 issues framed by the court
Whether the condition requiring sureties to be residents of Kerala can be modified.
Whether sureties must produce title deeds of properties and verify them.
Colour shows how this judgement treated each authority
Supreme CourtRelied on¶24
1 provisions across 1 enactments
Ajithkumar
Karthik
State of Kerala
Sub Inspector of Police, Ramamangalam Police Station
K. Abraham Matthew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K. Abraham Matthew
Parties & counsel
