IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Crl.MC.No. 3621 of 2009() ---------------------------------------- CRL. MP. 2929/2009 OF SESSIONS COURT, THALASSERY. CRIME NO.521/2009 OF THALASSERY POLICE STATION. .......... PETITIONER(S): ACCUSED NO.1& 2 -------------------- 1. ESWARI, W/O.NANA, AGED 29 YEARS, RESIDING AT PURAMBOKKU, ERODE, TAMIL NADU. 2. KALISWARI, W/O.NANA, AGED 22 YEARS, RESIDING AT PURAMBOKKU, ERODE, TAMIL NADU. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): RESPONDENT ---------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, THALASSERY POLICE STATION, KANNUR DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3621 OF 2009 ------------------------------------------ Dated 16th November 2009 O R D E R Petitioners, the accused in crime No.521/2009 of Thalassery police station registered for the offence under Section 393 of Indian Penal Code were granted bail by Annexure-A1 order dated 29/9/2009 on conditions. One of the conditions was that a bond is to be executed by two solvent sureties, with a direction that solvency certificates are to be produced. Though petitioners challenged that condition before Sessions court, Thalassery in Crl.M.P.2814/2009, learned Sessions Judge did not interfere with the order. This petition is filed under Section 482 of Code of Criminal Procedure to modify the condition. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioners submitted that petitioners are from Tamil Nadu and they cannot produce sureties, who could Crmc 3621/09 2 produce solvency certificates and though bail was granted, in effect it is being denied and petitioners are prepared to abide by any other condition. Learned Public Prosecutor submitted that unless solvency certificate is produced petitioners may not be available for investigation or for trial. 4. When petitioners are ladies from Tamil Nadu belonging to the poor strata and they cannot produce solvency certificate by sureties, imposing a condition to produce solvent sureties who should produce solvency certificate is in effect denying the bail, which was granted by the order. What is to be assured is the presence of the petitioners for the purpose of investigation or for trial. 5. In such circumstances, direction in Annexure-A1 order directing production of solvency certificate is quashed. Instead it is provided that at least one of the sureties should be a close relative of the petitioners like parents or sibling and petitioners shall appear before the Crmc 3621/09 3 investigating officer on every Wednesday between 10 and 12 a.m, till a final report is filed and they shall not leave the State without the permission of the Magistrate. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.