ASOKAN Vs. C I OF POLICE

JUDGEMENT

(1.) Petitioner, the accused in Crime No. 549 of 2008 of Kadakkal Police Station, was granted statutory bail on the failure of the Investigating Officer to file a final report within the statutory period as provided under S.167(2) of Code of Criminal Procedure, 1973, by Annexure A1 order on conditions. Learned Magistrate directed the sureties to produce their original title deeds. This petition is filed to quash the said condition contending that as petitioner is not in a position to produce the sureties, who can produce their original title deeds before the Magistrate and so, petitioner is not in a position to enjoy the benefit of bail granted under Annexre A1 order and therefore, it is to be quashed.

(2.) Learned counsel appearing for the petitioner and learned Public Prosecutor were heard.

(3.) When statutory bail is granted, though the Magistrate is competent to impose conditions, the condition shall not be such that the accused is deprived of the benefit available to him under the Code. I do not know what benefit could be gained by directing the sureties to produce their original title deeds. The direction of the Magistrate is to execute a bond for Rs.25,000/- with two solvent sureties each for the like sum. What is to be satisfied by the Magistrate is that the sureties are solvent to the extent of Rs.25,000/-. For that purpose, it is not necessary that the original title deeds should be produced. In such circumstances, the condition to produce the original title deeds of the sureties is quashed. But, it is provided that at least one of the sureties shall be a close relative of the petitioner like parents or siblings.