IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 Crl.MC.No. 3057 of 2008() ------------------------- CMP.2242/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER/A2: ---------------- SHEEBA, AGED 21 YEARS D/O. MUHAMMED RASHEED, BANGLAV PARAMBU, CHALAKUDY. BY ADV. SRI.E.C.POULOSE SMT.BOBBY RAPHEAL.C RESPONDENT/STATE: ------------------------------ STATE OF KERALA, REPRESENTING CIRCLE INSPECTOR OF POLICE, ANGAMALY POLICE STATION, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3057 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2008 O R D E R The petitioner, who faces allegations for the offence punishable under the Immoral Traffic Act, has come to this Court with this petition complaining about the onerous conditions imposed on her by the learned Magistrate when she was granted bail. As a result of the onerous conditions imposed on her, notwithstanding the fact that the petitioner is in custody from 29.7.2008 and the order has been passed on 2.8.2008, the petitioner is constrained to remain in custody. It is prayed that the conditions that one of the sureties must produce the original title deed and that the petitioner must make a cash deposit of Rs.10,000/- may be deleted. 2. The learned counsel for the petitioner submits that the petitioner is a 21 year old woman with an infant child and who, even according to the prosecution, is not involved in any other offence. To impose such onerous condition as the ones that are Crl.M.C.No. 3057 of 2008 2 complained of in this Crl.M.C. is unjust, unfair and insensitive, submits the counsel. The conditions to which objection is taken is the condition that one of the sureties must deposit the original title deed and that the petitioner must make a cash deposit of Rs.10,000/- 3. I am in ready agreement with the learned counsel for the petitioner that the conditions imposed are not justified. I am satisfied that insistence of deposit of Rs.10,000/- as cash security is most unfair and unjust. The insistence that one of the sureties must produce the original title deed does not also appear to be justified in the facts and circumstances of this case. 4. This Crl.M.C. is accordingly allowed. The said conditions, i.e. conditions 2 and 3, are deleted. It is sufficient if the learned Magistrate is satisfied that the sureties offered are sufficient and solvent and that they have specific identity and specific place of abode. Any document produced can be considered to entertain the requisite satisfaction. (R. BASANT) Judge tm