IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Crl.MC.No. 320 of 2009 -------------------------------- (ORDER DTD.03/01/2009 IN CRL.M.C. NO. 2408/2008 OF DISTRICT & SESSIONS COURT, ERNAKULAM) ......... PETITIONERS/ ACCUSED NO.4 AND 5: ------------------------------------------------------- 1. ANITHA, AGED 22 YEARS, D/O.ASHOK, SHAJI NAGAR, SHALAPUR, MAHARASTRA. 2. RAJANI, AGED 22 YEARS, W/O.JOY, JUVEL, MEERA ROAD, MUMBAI. BY ADV. SRI.P.M.ZIRAJ. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA, AT ERNAKULAM BY SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J ------------------------------------ Crl.M.C. No.320 of 2009 ------------------------------------- Dated this the 22nd day of January, 2009 ORDER Petitioners are young women who face allegations under the Immoral Traffic (Prevention) Act. They were granted bail by the learned Sessions Judge subject to conditions. The petitioners are aggrieved by the condition that they must execute bonds with two solvent sureties, of which one must be a relative of their. It is further directed that the sureties must produce title deeds, bank guarantee or solvency certificates. 2. The petitioners are in a catch twenty two situation. Their relatives are willing to execute the bond. But those relatives do not have title deeds, cannot produce bank guarantee or solvency certificates. In these circumstances, the petitioners have come before this Court for humane modification of the conditions imposed. 3. I feel that the request is justified. I am satisfied that the order can be modified. I have heard the learned Public Prosecutor also. Crl.M.C. No.320 of 2009 2 4. This Crl.M.C is, in these circumstances, allowed. The conditions imposed are modified. The petitioners shall execute bonds with two solvent sureties as already directed. A relative of theirs shall also join the execution of that bond as the third surety. The relative surety need not produce any title deeds, solvency certificates or bank guarantee. He shall be permitted to execute the bond as third surety without production of any documents to show solvency. When a court insists that a relative must execute the bond as a surety, the court has to take note of the eventuality of such relative may be a person without any property. Therefore it is improper to insist that the petitioners must have a relative as surety who has properties. (R.BASANT, JUDGE) rtr/-