IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Crl.MC.No. 2548 of 2009 -------------------------------- AGAINST THE ORDER DATED 30/06/2009 IN CRMP.2133/2009 IN CR.447/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S):2nd ACCUSED ------------------------------------------ ELBIN, S/O.DEVASSY @ BABU MATTAPPILLY HOUE, MADATHUMPADY,CHOONDY, ALLUVA, ERNAKULAM. BY ADV. SRI.RAJIT RESPONDENT(S): ----------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2548 OF 2009 ------------------------------------------ Dated 14th August 2009 O R D E R Petitioner, the second accused in crime No.447/2008 of Aluva police station registered for the offence under Sections 120B and 395 of Indian Penal Code was granted statutory bail under Annexure-A order by Judicial First Class Magistrate, Aluva on conditions. One condition is to deposit Rs.10,000/- before the court. This petition is filed to quash that condition contending that petitioner is not in a position to make the deposit because of his financial conditions and by imposing such a condition statutory bail cannot be rejected in disguise. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor did not point out any special reason for directing the accused to deposit Rs.10,000/- to avail bail except the gravity of the offence. When bail is granted to the accused, he should be able to enjoy the bail. Conditions CRMC 2548/09 2 which cannot fulfill by the accused cannot be imposed. Poverty is not a sin. If accused is not in a position to deposit the amount, he shall not be denued the bail. So also, a person who is of sound financial position shall not have the advantage of the bail because of his financial capacity. What is to be assured is that accused, who is granted bail, should be available for investigation and for trial and shall not induce, threaten or influence the witnesses from disclosing matters or facts personally known to them to the investigating officer or to the court. Deposit of Rs.10,000/- before the court is not sufficient to achieve this purpose. In such circumstances, condition to deposit Rs.10,000/- is deleted. But it is made clear that one of the sureties shall be a close relative of the petitioner like parents, brother or sister. M.SASIDHARAN NAMBIAR, JUDGE. uj.