SHEIK ABDULLAH Vs. MISKIN

JUDGEMENT

(1.) The petitioner stood as a surety for the first respondent herein/accused in C.C. No. 748 of 2002 on the file of the learned Judicial Magistrate No. IV, Madurai. The petitioner is the son of the first respondent herein, who is the accused in C.C. No. 748 of 2002. A case has been registered against the first respondent for the alleged offences punishable under Sections 39(1) and 44(1)(c) of the Indian Electricity Act.

(2.) On an earlier occasion, while granting anticipatory bail to the first respondent herein in Crl.M.P. No. 43 88 of 2001, the learned first Additional District Judge, Madurai had imposed a condition that the accused should deposit l/3rd amount of Rs. 3,69,003.00. Challenging the same, the first respondent being the accused has approached this Court and this Court in Crl. O.P. No. 23588 of 2001 was pleaded to modify the condition with a direction to the first respondent to furnish the deed of immovable property to the value of 1/3 rd of the amount of Rs. 3,69,003.00.

(3.) Thereafter, the petitioner stood as a surety and deposited his title deed and also filed an affidavit to that effect regarding the value of the property. Since the petitioner has decided to sell the said property, an application was filed by the petitioner before the learned Judicial Magistrate No. IV, Madurai in Cr.M.P. No. 2401 of 2009 seeking to return the title deed produced by him before the Court, in pursuant to the order passed by the Court in Crl.O.P. No. 23588 of 2001. The said petition was dismissed by the trial Court and hence, the petitioner has filed the present petition.