IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 9TH SEPTEMBER 2008 / 18TH BHADRA 1930 Crl.MC.No. 3460 of 2008() -------------------------------- CRMP.2918/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA .................... PETITIONER/ACCUSED : ----------------------------- 1. MAREESWARI, AGED 25, W/O. KALIMUTTU, DINDIKKAL, PARAPETTY, TAMILANDU. 2. GOURI, D/O. MURUKAN, AGED 20, DINDIKKAL PARAPETTY, TAMILNADU. BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT/COMPLAINANT/STATE : ---------------------------------------------- S.I. OF POLICE, WANDOOR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. ==================== Crl.M.C.No.3460 of 2008 =========================== Dated this the 9th day of September, 2008. O R D E R Heard the learned counsel for the petitioners and learned public prosecutor appearing for the respondent. 2. The petitioners are aggrieved by the condition imposed on them by the learned Judicial First Class Magistrate-II, Perinthalmanna, while granting bail to them in crime No.230/2008 of Vandoor police station. The impugned condition is that, the petitioners have to produce documents or ID cards to prove their identity and correct address. Learned counsel for the petitioners submit that since petitioners are poor and illiterate, it is virtually impossible for them to comply with the said condition, net result being that the petitioners will not be able to enjoy the benefit of order granting bail. 3. The learned public prosecutor submits that the presence of the petitioners during investigation and trial be ensured. Crl.M.C.No.3460 of 2008 2 4. Certainly, it was with a view to ensure the presence of petitioners during investigation and trial that the learned Magistrate imposed the impugned condition which cannot there be found fault with. At the same time, I must also take note of the fact that petitioners may not be able to produce documents or ID cards to prove their identity and correct address. The presence of the petitioners for investigation and trail has to be ensured. Counsel for the petitioners submits that the petitioners are prepared to arrange sureties from the local limits of the jurisdiction of the Judicial First Class Magistrate Court, Perinthalmanna. I am satisfied that, that would meet the ends of justice. Resultantly, the condition imposed by the learned Magistrate directing the petitioners to produce documents/ID cards to prove their identity is deleted. Instead, the petitioners shall produce sureties from the local limits of Judicial First Class Magistrate court, Perinthalmanna. One of the sureties shall also produce photocopy of his title deed before the court concerned. The petitioners shall make themselves available for investigation Crl.M.C.No.3460 of 2008 3 and trial. They shall not go beyond Malappuram District, except, with the previous permission of the court below. THOMAS P.JOSEPH JUDGE. bkn/-