ABDUL SATHAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the sureties who had executed a bond for release of a vehicle involved in the allegation of illegal transportation of sand subject to certain conditions. In compliance with the conditions, the title deeds of the petitioners have been produced before the learned Magistrate. The bond still subsists. The case has not been disposed of. At this stage, the petitioners wanted their title deeds to be returned to them. The bond remains in force. As condition of release, their documents are retained by the court. The learned Magistrate, in these circumstances, did not direct release of the title deeds.

(2.) The petitioners contend that they are badly in need of the documents. The order of the learned Magistrate cannot be said to be wrong or incorrect. The petitioners have the option of applying to the learned Magistrate to vary the conditions imposed and offer either alternative sureties or some other mode to justify the prayer for release of the title deeds to secure the interests of the State.

(3.) The petitioners can certainly exercise that option and move the learned Magistrate. The impugned order does not, according to me, warrant interference.