ABBAS @ AMBACHU @ KHALID Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner, who is the accused in Crime No. 1315/12 of Kasargode Police Station challenging the condition imposed in C.M.P No. 5118/13 under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner is the accused in Crime No. 1315/12 of Kasargode Police Station (wrongly shown as Kumbala Police Station in synopsis though correctly shown in the cause title) and he was arrested on 09.01.2013. He filed C.M.P No. 5118/13 for releasing him on bail. The learned Magistrate allowed the application and granted bail with condition inter alia that the sureties must be of close relatives and they must produced the original title deed of the property. These two conditions are being challenged by the petitioner by filing this petition.

(3.) THE counsel for the petitioner submitted that his mother and sister, who are prepared to stand as sureties are not having landed properties and so he is not able to produce them as sureties. He is prepared to produce one relative surety and also one another surety having landed properties. So he can be released on bail accepting them. Unless direction is given and modification is made, this will not be accepted by the learned Magistrate.