IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 Crl.MC.No. 4521 of 2011() ------------------------- (CRIME NO.680/2011 OF NADAKKAVU POLICE STATION) PETITIONERS/ACCUSED: --------------- 1. KALEESWARI, D/O.SAMI, AGED 20 YEARS, THIRUVATHOOR, MADHURA, TAMILNADU. 2. SELVI, D/O. MARIMUTHU, AGED 19 YEARS, THIRUVATHOOR, MADHURA, TAMIL NADU. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT/COMPLAINANT/STATE: --------------- 1. SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION – 673 011 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KEARLA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.M.SANEER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HARILAL, J ------------------------------------------------- Crl.M.C No.4521 of 2011 -------------------------------------------------- Dated this the 27th day of December, 2011 O R D E R The petitioners are the accused in Crime No.680/2011 of Nadakkavu Police Station, for the offences punishable under Section 379 read with 511 of IPC. The learned Sessions Judge granted bail on condition that the petitioners shall execute a bond with one acceptable surety for Rs.10,000/- each to the satisfaction of the Judicial First Class Magistrate Court-IV, Kozhikode. Further the bail is granted on condition that the surety shall be acceptable to the lower court as a person related to the petitioners either by way of family relationship or otherwise, and the surety must be a resident within the jurisdiction of the lower court. 2. The learned counsel for the petitioners submits that the above condition is practically impossible to perform. They belong to Tamil Nadu and they have no relatives within the jurisdiction of the lower court. 3. I find some force in the argument advanced by the learned counsel for the petitioners. For the interest of justice, I Crl.M.C No.4521 of 2011 2 am inclined to modify the condition as shown below. i) The petitioners shall execute a bond as stated above with two solvent and acceptable sureties who are residents with voters identity card or ration card in the State of Kerala. ii) The petitioners shall deposit an amount of Rs.10,000/- before the Court below. iii) The petitioners shall not leave the jurisdiction of the Sessions Court, Kozhikode without prior permission of the Sessions Court, Kozhikode. iv) The bail shall stand automatically cancelled on the receipt of police report that the petitioners are involved in similar offences subsequently. This Criminal Miscellaneous Case is allowed to that extent. K.HARILAL JUDGE ab