IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Crl.MC.No. 60 of 2009() ------------------------------- SC. 480/2006 OF ADDL. DIST. & SESSIONS COURT, FAST TRACK (ADHOC II), KOZHIKODE. ....... PETITIONER(S): ACCUSED ------------------------- SIVAN ALIAS NATHU SIVADASAN S/O. VELUKUTTY, AGED 34 YEARS, NAMBAYIL HOUSE ITHILANKUNNU, NEAR NISARI THEATRE,RAMANATTUKARA. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, FEROKE. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 60 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 308 I.P.C. He was granted bail subject to the condition that he must execute a bond for Rs.50,000/- with two solvent sureties, which sureties, it is directed, must produce solvency certificate. Trial is in progress. The learned counsel for the petitioner submits that the petitioner is unable to get his case conducted properly as he remains in custody. He is unable to procure sureties with solvency certificate readily available with them. He shall produce solvent sureties and shall also satisfy the learned Magistrate about their solvency. But insistence may not be made on production of solvency certificate. In the alternative the petitioner may now be directed to be released on bail accepting solvent sureties offered by him, but such sureties may be given time to produce their solvency certificates. After the petitioner is released, he shall Crl.M.C.No. 60 of 2008 2 ensure that they produce the solvency certificates within the stipulated time. 2. The prayer is not opposed by the learned Prosecutor. I am satisfied in the facts and circumstances of this case that the request is reasonable and justified. 3. This Crl.M.C. is allowed in part. The following directions are issued. i) If the sureties produced by the petitioner are found by the learned Magistrate to be sufficient and solvent otherwise, the learned Magistrate need not insist on production of solvency certificate immediately. ii) Sureties can be granted time to produce solvency certificate within a period of 60 days from the date on which the petitioner is actually released from custody. 4. Hand over the order. (R. BASANT) Judge tm