IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 Crl.MC.No. 3841 of 2010() ------------------------- CRMP.2260/2010 of SESSIONS COURT, KOLLAM .................... (CRIME NO.1/2010 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, KOLLAM) .......... PETITIONER(S): 1ST ACCUSED: ------------------------------------------------ LAIJU @ BASI , AGED 26 YEARS MAROTTUVILA VEETTIL, MYLAPORE, CHERIYIL, THAZHUTHALA VILLAGE, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3841 of 2010 -------------------------- ORDER By Annexure-A1 order dated 9.9.2010, Sessions Judge, Kollam granted bail to the petitioner, the accused in Crime No.1/2010 of Excise Enforcement and Anti Narcotic Special Squad, Kollam, registered for the offence under Section 22(c) of Narcotic Drugs and Psychotropic Substances Act on the allegation that petitioner was found in possession of 26 ampules of Buprenorphine, on conditions. One of the conditions was to execute a bond for Rs.50,000/- with two solvent sureties each for the like sum with a further direction that sureties shall produce solvency certificates. This petition is filed under Section 482 of Code of Criminal Procedure contending that petitioner is not in a position to produce sureties with solvency certificates and in such circumstances, the said condition is to be modified. 2. Learned Public Prosecutor submitted that it was considering the age of the petitioner, learned Sessions Judge directed the sureties to produce solvency CRMC 3841/10 2 certificates. 3. When a bond is to be executed for releasing the accused, what is to be assured is the availability of the accused for the purpose of investigation and trial. It is not mandatory that sureties shall produce solvency certificates in each case. In some cases, the direction to produce solvency certificates by the sureties may operate as denial of bail because an accused, who is not having good financial condition, may not be in a position to comply with the condition. Therefore, the direction to produce solvency certificates by the sureties, without showing the reason for doing so is illegal. Petition is allowed. The condition in Annexure-A1 order directing to produce solvency certificates by the sureties is modified as follows: The sureties shall be solvents to the satisfaction of Sessions Judge, Kollam and it is for the sureties to produce sufficient materials to satisfy that they are solvents. 27th September, 2010 (M.Sasidharan Nambiar, Judge) tkv