IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Crl.MC.No. 4168 of 2010() ----------------------- CRL.MP.NO. 1853/2010 OF SESSIONS COURT, KASARAGOD CRIME NO. 571/2004 OF KASARAGOD POLICE STATION ...................... PETITIONER / 3RD ACCUSED : ----------------------------------------- UMMER, AGED 44 YEARS, S/O. MOHAMMED, ALOOR HOUSE, MULIYAR VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT / STATE : -------------------------------- 1. THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4168 OF 2010 --------------------------------------------- Dated 26th October, 2010 O R D E R By Annexure-1 order Sessions Judge, Kasargod granted bail to the petitioner, an accused in C.P.78/2008 on the file of Judicial First Class Magistrate's Court-I, Kasargod on conditions. One of the conditions was that petitioner shall deposit Rs.25,000/- as security. In addition, he was directed to execute a bond for Rs.20,0000/- and also to surrender his passport. Petition is filed under Section 482 of Code of Criminal Procedure to quash the condition to deposit Rs.25,000/- contending that due to the failure of the petitioner to deposit the amount, even though the order was passed on 13/9/2010, petitioner is continuing in judicial custody. Crmc 4168/10 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel submitted that it is only due to the failure of the petitioner who hails from a poor family, he is still languishing in jail and therefore, the condition is to be deleted. 4. Learned Public Prosecutor submitted that petitioner had absconded and only later he could be arrested and it is in such circumstances, the condition was imposed. 5. The very fact that petitioner is still in custody, even though the order for release on bail was granted on 13/9/2010 shows that because of the financial condition of the petitioner, he is still continuing in judicial custody. Poverty is not a sin. In such circumstances, it is necessary to modify the Crmc 4168/10 3 conditions. Petition is allowed. Annexure-1 order is modified as follows. Petitioner shall be released on bail on executing a bond for Rs.50,000/- with two solvent sureties for the like sum to the satisfaction of the learned Magistrate. At least one of the sureties shall be a close relative of the petitioner. Petitioner shall surrender his passport before the learned Magistrate and shall not leave India without the previous permission of the learned Magistrate. If the petitioner is not having a passport, he shall file an affidavit to that effect and learned Magistrate must be satisfied that he is not having any passport. M.SASIDHARAN NAMBIAR, JUDGE. uj.