IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Crl.MC.No. 3219 of 2009 ---------------------------------------- MP.3792,3793, 3886 to 3899, 3900 to 3923/2009 IN SC.162 to 169, 186 to 197, 211 to 221, 268 to 273, 297, 298 & 300/2009 of ADDL. SESSIONS COURT (FT ADHOC-II), THRISSUR .................... PETITIONERS/ACCUSED NOS. 1 & 2: 1. SINTO, S/O.ANTO, CHITTATTUKARAKKARAN HOUSE, LOURDEPURAM, CHEMBUKKAVU, THRISSUR. 2. LINEESH, S/O.STEPHEN, ANJANAPPILLY HOUSE, NELLIKKUNNU, NADATHARA, THRISSUR. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL SMT.P.A.PRIYA RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED 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 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3219 of 2009 -------------------------- ORDER Petitioners are accused 1 and 2 in 43 cases, registered for the offences under Sections 379, 411, 413 and 414 read with Section 34 of Indian Penal Code. As per Annexure-A1 common order, Additional Sessions Judge, Thrissur granted bail to the petitioners on conditions. First Condition was that each of the petitioners along with two sureties shall execute bond for Rs.25,000/- each. The other condition was that if the sureties are common, they shall produce tax receipt for payment of tax for not less than Rs.100/- each. The third condition was that each of the petitioners shall deposit Rs.1,000/- in each case, as security deposit, which will be retained till the disposal of the cases as against them. This petition is filed under Section 482 of Code of Criminal Procedure to lift Condition Nos.2 and 3. CRMC 3219/09 2 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioners submitted that the condition to produce tax receipt for payment of tax for not less than Rs.100/- each is too onerous and petitioners may not get sureties, who are paying tax at Rs.100/- or above and therefore, the said condition is to be lifted. It is also contended that there is no necessity to make any security deposit as directed by the learned Additional Sessions Judge and therefore, the said condition is also to be lifted. 4. Learned Public Prosecutor submitted that considering the fact that petitioners are involved in 43 cases, Additional Sessions Judge was justified in imposing the said conditions. 5. Considering the fact that petitioners are accused in 43 cases, registered for the offences under Sections 379, 411, 413 and 414 read with Section 34 of Indian Penal Code, while granting CRMC 3219/09 3 bail, learned Additional Sessions Judge thought that if petitioners are to arrange common sureties, the common sureties shall be sufficiently solvent and it is for that reason why the learned Additional Sessions Judge insisted that sureties shall be in a position to produce tax receipt for payment of tax for not less than Rs.100/- each. On the facts and circumstances of the case, I find no reason to modify that condition, except providing that on the failure to produce such sureties, petitioners are permitted to produce sureties along with their solvency certificates. I do no find any justification for the learned Additional Sessions Judge directing the accused to make cash deposit of Rs.1,000/- each as security. Hence, the said condition is lifted. Petition is disposed. 15th October, 2009 (M.Sasidharan Nambiar, Judge) tkv