IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 Crl.MC.No. 4237 of 2011() ------------------------- FOR SETTING ASIDE THE CONDITIONS IMPOSED IN CMP 6063/2011 IN C.C.No.42/2010 BY THE JUDICIAL FIRST CLASS MAGISTRATE, KUNNAMANGALAM AS A CONDITION FOR RELEASING THE PETITIONER ON BAIL ---------------------------- PETITIONER(S)/PETITIONER/ACCUSED :- ----------------------------------------------------------- MOOSA, S/O. HUMSA, AGED 32 YEARS, PATHIRIKODE, EDAPATTA, MELATTUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S)/STATE :- ------------------------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2011 ALONG WITH CRL.M.C.NOS.4239/2011 & 4240/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt CRL.M.C.No. 4237 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure A :- Copy of the bail order dated 25.11.2011 issued by the Judicial First Class Magistrate Court, Kunnamangalam in CMP No.6063 of 2011 in C.C.No.42/2010. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. Nos.4237, 4239 & 4240 of 2011 ------------------------------------- Dated this the 19th day of December 2011 O R D E R Petitioner is the accused in three cases; C.C.Nos.42/2010, 842/2009 and 797/2009 on the file of J.F.C.M., Kunnamangalam. In all those cases, the offences alleged against him are under Secs.457 and 380 of IPC. Learned counsel for the petitioner submits that the petitioner was arrested on 28.10.2011 in connection with these three cases. It is also submitted that the petitioner was granted anticipatory bail earlier. But he could not appear before the court as he was not served with summons. The learned Magistrate while granting bail to the petitioner imposed conditions which according to the learned counsel were so onerous that it is not possible to be complied with by the accused. As per the conditions imposed, the accused has to furnish cash security of Rs.10,000/- in each case; besides the sureties were also directed to deposit Rs.5,000/- each. Therefore, according to the petitioner, the petitioner has to raise Crl.M.C. Nos.4237, 4239 & 4240 of 2011 -: 2 :- a sum of Rs.60,000/- for getting himself released on bail. It is also submitted by the learned counsel that petitioner was regularly appearing in another case which also was pending before that court. This has been pointed by the learned counsel to support his submission that had the intention of the accused been otherwise he would not have participated in the trial in the other case. In these circumstances, the learned counsel submits that the condition imposed on the petitioner directing deposit of the amount may be modified. 2. Considering all the aspects, the learned Magistrate is directed to reconsider the order regarding the conditions imposed by that court. The learned Magistrate can direct the sureties to produce their original title deeds and the bond amount can also be enhanced, depending upon the facts of each case. These Crl.M.Cs are disposed of as stated above. N.K.BALAKRISHNAN, J UDGE. Jvt