IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Crl.MC.No. 3165 of 2009() ------------------------- SC.505/2006 of ASSISTANT SESSIONS COURT, Chengannur .................... PETITIONER(S): ACCUSED-A2 ------------------------- SURESH, AGED 36 YEARS, S/O.SUKUMARAN, KARIYIL KIZHAKKETHIL VEETTIL, KUTTAMPEROOR MURI, MANNAR VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3165 OF 2009 ------------------------------------------ Dated 6th October 2009 O R D E R Petitioner is the second accused in S.C.505/2006 on the file of Assistant Sessions Judge, Chengannur. Under Annexure-A order dated 27/8/2009, petitioner was granted bail on conditions. One of the conditions was to furnish cash security of Rs.15,000/-. This petition is filed challenging the said condition contending that because of his financial condition, petitioner cannot deposit the amount and therefore, the condition is to be lifted. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Learned Assistant Sessions Judge has not given any particular reason for furnishing cash security of Rs.15,000/- except stating that he is involved in several Sessions cases. If the petitioner has involved in several sessions cases and bail cannot be granted, direction to deposit Rs.15,000/- can not be a ground to grant bail. Poverty is not a CRMC 3165/09 2 sin. Even though Annexure-A order was granted on 27/8/2009, because of his financial conditions, petitioner could not avail the benefit. In such circumstances, it is not in the interest of justice to sustain the direction to furnish cash security. Hence condition to furnish cash security for Rs.15,000/- in Annexure-A order is lifted. Petition is allowed. M.SASIDHARAN NAMBIAR, JUDGE. uj.