Rayappan v. The State, Rep. By,

Crl.M.P.No.10677 of 2024 in CRL.O.P. No.22498 of 2013 T.V.THAMILSELVI,J.

This petition has been filed to modify the order passed by this Court in Crl.O.P.No.22498 of 2013 dated 11.11.2013.

2. The learned counsel for the petitioner submitted that, petitioner stood as a surety and produced his original title deed for the bail granted to the 2nd respondent. Now, the petitioner wants to arrange the marriage for his daughter and therefore he needs the original title deed of the property, which was produced by the petitioner when while granting bail to the 2nd respondent.

3. Today, 2nd respondent appeared before this Court and submitted that, he has no objection to hand over the said title deed and agreed to give one more title deed for the surety and to that effect he produced the copy of the settlement deed executed by the 2nd respondent in favour of his daughter Divya in S.No.169/3B wort about 58 lakhs.

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4. However, the learned counsel appearing for the accused submitted that, the said property is under mortgage. When the matter was enquired, 2nd respondent submitted that, as on date, there is no mortgage deed. However, he produced the settlement deed, but not the original parent deed.

5. In view of the above, petitioner is permitted to get back the original title deed filed by him as surety before the trial Court and the trial Court is directed to return the documents within a period of two weeks from the filing of necessary application and the 2nd respondent/accused is directed to produce the original parent deed and settlement deed pertaining to the gift deed before the trial Court along with the property of his daughter Divya, whose name the order satands.

6. Accordingly, this Criminal Miscellaneous Petition is ordered with the above directions.

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T.V.THAMILSELVI, J.

Sma Crl.M.P.No.10677 of 2024 in CRL.O.P. No.22498 of 2013 02.08.2024 3/3