IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Crl.MC.No. 1788 of 2009() ----------------------------------- CRL.M.P.NO.1212 OF 2009 OF IST ADDL. SESSIONS COURT, KOLLAM CRIME NO.261 OF 2009 KUNDARA POLICE STATION ................ PETITIONER/1ST ACCUSED ------------------------------------- ANIL B.PILLAI, AGED 40 YEARS, S/O.BALAKRISHNA PILLAI, MULLASSERIL VEEDU, KOTTACHIRA, MEENAMCHERRY, KOTTANKARA VILLAGE. BY ADV. MR.S.MUHAMMED HANEEFF SMT.NAVA VARGHESE RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION (CRIME NO.261/2009), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1788 OF 2009 ------------------------------------------ Dated 5th June 2009 O R D E R Petitioner is the accused in Crime No.261/2009 of Kundara police station. Prosecution case is that he committed an offence under Section 420 of Indian Penal Code along with other accused in furtherence of their common intention to cheat a number of persons offering them to take abroad. Petitioner applied for bail before the sessions court, Kollam in Crl.M.P.1212/2009. Learned Sessions Judge granted him bail on condition of executing a bond for RS.1,00,000/- with two solvent sureties and also on deposit of RS.6,00,000/-. This petition is filed under Section 482 of Code of Criminal Procedure to delete the condition to deposit Rs.6,00,000/- contending that it would virtually amount to denial of bail. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for petitioner submitted that only one complaint is registered and CRMC 1788/09 2 as per that complaint only Rs.60,000/- is due to said complainant and in such circumstances, a direction to deposit Rs.6,00,000/- is illegal. Learned Public Prosecutor submitted hundreds of persons were cheated by the accused and it is in such circumstances, learned Sessions Judge directed the petitioner to deposit Rs.6,00,000/-. 4. When bail is granted ,even though it is for an offence under Section 420 of Indian Penal Code, condition to deposit Rs.6,00,000/- in cash, as security, is not justified. If prosecution wanted to ensure the presence of the petitioner for the purpose of investigation or trial, direction could be issued to the petitioner to surrender his passport. In such circumstances, petition is allowed. Condition No.1 in Annexure-A1 order directing the petitioner to deposit cash of Rs.6,00,000/- before the Magistrate is deleted. Instead petitioner is directed to produce his passport, if any issued to him, before the Magistrate as a condition. M.SASIDHARAN NAMBIAR, JUDGE. uj.