IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Crl.MC.No. 1452 of 2011() ------------------------------------- CRMP NO....../2009 of CHIEF JUDL.MAGISTRATE COURT, ERNAKULAM CRIME NO.1608/2009 OF CENTRAL POLICE STATION, ERNAKULAM .................... PETITIONER(S): 2ND ACCUSED ---------------------------------------------- SHEMEER, AGED 35 YEARS, S/O.SAINUDHEEN, RESIDING IS THE HOUSE OF METHEENVEETTIL BASHEER, KUNNATHERIKARA (ALUVA VILLAGE, NAD KARA). BY ADV. SRI.P.A.MUJEEB RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1452 of 2011 --------------------------------------- Dated this 24th day of May, 2011 ORDER Petitioner is the second accused in C.C.No.39 of 2010 of the Court of learned Chief Judicial Magistrate, Ernakulam for offences punishable under Secs.468, 471 and 420 r/w Sec.34 of the Indian Penal Code. Case relates to an (alleged) organ transplantation and forgery of identity cards. Learned Chief Judicial Magistrate granted bail as per order dated July 25, 2009 subject to the condition among other things, that sureties shall produce solvency for `.1,00,000/- or deposit `.25,000/- each in lieu of solvency. Learned counsel submits that since sureties were not able to produce solvency certificates, they deposited `.25,000/- each. Now the trial is going on and petitioner wants the above said conditions to be lifted. Learned counsel submitted that it is not necessary to retain the conditions. I have heard learned Public Prosecutor also. 2. Having regard to the nature of the offence alleged against petitioner and considering the fact that bail granted is to remain in force till the case is finally decided, I am not inclined to think that the conditions imposed by the learned Chief Judicial Crl.M.C.No.1452 of 2011 -: 2 :- Magistrate requires interference by this Court in exercise of power under Sec.482 of the Code of Criminal Procedure. The mere fact that trial is going on is no ground to lift the conditions. This criminal miscellaneous case is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-