IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 Crl.MC.No. 627 of 2011() ------------------------ CRL.MP.483/2011 of SESSIONS COURT, ALAPPUZHA CRIME NO.64/2011 OF AMBALAPUZHA POLICE STATION .................... PETITIONER(S): PETITIONERS -------------------------- 1. AJITH, AGED 25 YEARS, S/O.JAGALNATH BHAGATH, ROKNATHPOOR HOUSE, JADIYA POLICE STATION, SAPAUL DISTRICT, BIHAR STATE. 2. BIJENDRA KUMAR, AGED 25 YEARS, S/O.AJOTHIRAM, ROKNATHPOOR HOUSE, JADIYA POLICE STATION, SAPAUL DISTRICT, BIHAR STATE. BY ADV. SRI.M.P.KRISHNAN NAIR SRI.V.B.NARAYANAN RESPONDENT(S): CR.PETITIONERS ----------------------------- STATE OF KERALA, REP.BY CHIEF SECRETARY, THIRUVANANTHAPURAM, THROUGH SUB INSPECTOR OF POLICE, AMBALAPUZHA POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.627 of 2011 -------------------------------------- Dated this the 1st day of March, 2011. ORDER Public Prosecutor takes notice for the respondent. 2. Petitioners are aggrieved by the condition imposed by the learned Sessions Judge, Alappuzha while granting bail to them as per order dated 25.02.2011 on C.M.P.No.483 of 2011. 3. Petitioners are accused in Crime No.64 of 2011 of Ambalappuzha Police Station for offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code. Case is that they cheated mother of the defacto complainant on a pretext of polishing gold chain, they dissolving it in a chemical used by them resulting in loss of 2.750 gms. of gold. Learned Sessions Judge while granting bail to the petitioners directed among other things that they shall deposit `.10,000/- and that of the sureties one shall be from Kerala and the other a native of Bihar. Petitioners say that they being coolies are unable to deposit cash security and get a surety from Bihar incurring huge. I have heard learned Public Prosecutor also. 4. Having regard to the facts and circumstances of the case I am inclined to think that condition No.1 can be lifted and condition No.2 can be modified permitting petitioners to have sureties from the State of Kerala, subject to appropriate precautions. Crl.MC No.627/2011 2 Resultantly this petition is allowed and Annexure-A1, order dated February 25, 2011 of learned Sessions Judge, Alappuzha on C.M.P.No.483 of 2011 is modified to the extent it concerned condition Nos.1 and 2 in the following lines: i. Condition No.1 requiring petitioners to deposit cash security is lifted. ii. Condition No.2 is modified to the effect that petitioners shall produce two solvent sureties from the State of Kerala but, the sureties shall produce self-attested photocopy of their photo identity cards, photocopy of their title deeds and receipt for recent payment of land revenue for the land offered as security. iii. In addition to the above, to ensure that petitioners did not go beyond the local limits of the jurisdiction of learned Magistrate, Alappuzha it is directed that petitioners shall report to the officer Investigating the case on all Sundays between 10 and 11 a.m. until final report is filed. THOMAS P.JOSEPH, Judge. cks