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JOY JOSEPH, S/O. JOSEPH versus STATE OF KERALA

High Court of Kerala

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JOY JOSEPH, S/O. JOSEPH v. STATE OF KERALA - Crl MC No. 2435 of 2007 [2007] RD-KL 14429 (30 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2435 of 2007()

1. JOY JOSEPH, S/O. JOSEPH,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.SASTHAMANGALAM S. AJITHKUMAR

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :30/07/2007

O R D E R

R. BASANT, J.

Crl.M.C. NOs. 2435 & 2439 OF 2007

Dated this the 30th day of July, 2007

ORDER

The common petitioner in these two petitions is the 3rd accused in Crime No.34/06 of the Vanchiyoor Police Station as also Crime No.139/06 of the Pettah Police Station. He remains in custody from 23/4/07. He has been ordered to be released on bail subject to conditions as per the order dated 22/5/07. But the petitioner continues to remain in custody because of his inability to comply with one of the conditions imposed by the learned Magistrate that sureties shall produce solvency certificates or the original title deeds of the property. I find nothing improper or incorrect in the said direction. Rigid insistence on any particular mode of satisfaction need not be made by the learned Magistrate. To this extent, I am satisfied that the condition can be modified. It is, of course, open to the learned Magistrate to insist on appropriate material to Crl.M.C. NOs. 2435 & 2439 OF 2007 -: 2 :- satisfy himself about the solvency and adequacy of the sureties.

2. These petitions are accordingly allowed. It is made clear that the learned Magistrate need not rigidly insist on production of solvency certificates or title deeds by the sureties of the petitioner. The sureties may instil the requisite satisfaction in the mind of the learned Magistrate by producing any material to show that they are sufficient and solvent. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. to Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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