IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Crl.MC.No. 4305 of 2010() ------------------------- CC.1627/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT, HOSDURG, KASARAGOD DISTRICT (CMP 4894/2010) ....................................... PETITIONER(S): ACCUSED: ----------------------------------------- 1. CHITHRA, W/O.MANIKANDAN, ADIVARAM, PALANI, TAMIL NADU. 2. MURUKAMMA, W/O.VARADARAJ, ADIVARAM, PALANI, TAMIL NADU. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. ------------------------- Crl.M.C No.4305 of 2010 -------------------------- Dated this the 28th October, 2010 O R D E R Petitioners who were granted bail by Chief Judicial Magistrate, Thalassery in Crime No.524/2010 when not released by the jail authorities as they are to be produced before Judicial First Class Magistrate Court, Hosdurg in CC 1627/08, filed C.MP. 4894/2010 before Judicial First Class Magistrate Court-I, Hosdurg contending that they are not the accused in that case and therefore a direction is to be issued to release them. By Annexure-II order, it was dismissed. Petitioners challenged that order in Crl.M.C No.4118/2010. By Annexure-III order this Court remitted C.M.P 4894/2010 after quashing Annexure-II order and directed the Magistrate to verify the bond executed earlier by the accused and find whether petitioners are those accused. 2. Learned Magistrate thereafter passed Annexure-V order on 14.10.2010, directing the counsel appearing for the petitioners who had originally appeared for the accused in that case, to produce the sureties who Crl.M.C No.4305 of 2010 2 executed the bond for the accused, on 20.10.2010 as agreed by the counsel. As it was represented that second petitioner is eight months' pregnant, learned Magistrate directed to release her on executing a bond for Rs.20,000/- with one solvent surety for that amount. Learned Magistrate also stated that if the solvent surety is not available, Rs.20,000/- is to be deposited. The case was posted for considering the application for bail to the first petitioner to 20.10.2010. Petition is filed under Section 482 of Cr.P.C to quash Annexure V order. 3. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 4. Learned counsel appearing for the petitioners submitted that on 20.10.2010 counsel did not produce the sureties and the case now stands posted to 3.11.2010. Learned Public Prosecutor submitted that without producing the identity, they may not be released. 5. The material question in this case is whether petitioners are the accused who appeared and executed a bond and released on bail by Judicial First Class Crl.M.C No.4305 of 2010 3 Magistrate, Hosdurg in CC No.1627/2008. Learned Public Prosecutor submitted that petitioners are furnishing different names at different police stations. When they are involved in cases and they don't have any material to show their proper identity, as they are from Tamil Nadu, this Court by Annexure-III order directed the Magistrate to conduct an enquiry and find whether petitioners are the accused who executed the bonds and was released on bail. 6. The argument of the learned counsel appearing for the petitioners is that they were in custody for more than 45 days. It is not necessary to detain the petitioners till the culmination of the inquiry as directed in Annexure- III order. But before releasing the petitioners on bail Magistrate should satisfy that they will be available for enquiry and if it is found that they are the very same accused for trial of the case, learned Magistrate to release the second petitioner on bail. The grievance is only with the regard to the condition. Learned Magistrate has directed to release the second petitioner considering the fact that she is eight months' pregnant, on executing a bond for Crl.M.C No.4305 of 2010 4 Rs.20,000/- with one solvent surety. It is solely on the failure to produce the surety, learned Magistrate directed to deposit Rs.20,000/-. If petitioner is executing a bond for Rs.20,000/- with one solvent surety to the satisfaction of the learned Magistrate, she need not deposit any amount. To that extent, Annexure-V order is modified. If the first petitioner executes a bond for Rs.20,000/- with two solvent sureties to the satisfaction of the learned Magistrate, she shall also be released on sufficient conditions. Petition is allowed. M.SASIDHARAN NAMBIAR JUDGE ma