IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 Crl.MC.No. 3575 of 2011() ------------------------------------- CRIME NO.1379/2010 OF PATHANAMTHITTA POLICE STATION ------------------------- PETITIONER(S)/ACCUSED 1 TO 3 -------------------------------------------------- 1. PRINCY, D/O.ANADAVALLY, KOIPALLIL VEEDU, OMALLOOR, ATTARIKKAM MURI, OMALLOOR VILLAGE. 2. ANADAVALLY @ THANKACHY, W/O. VIJAYAKUMAR, DO...DO.. 3. PRADEEPKUMAR, S/O. VIJAYAKUMAR, DO..DO.. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): ---------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, (CI OF POLICE PATHANAMTHITTA CRIME NO.1379/2010.) BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/10/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3575/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE BAIL ORDER DATED 18/4/2011 OF THE CJM COURT, PATHANAMTHITTA IN CMP NO.1415/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3575 of 2011 ----------------------------------- Dated this the 27th day of October 2011 O R D E R The three accused in this case were granted bail by the Chief Judicial Magistrate, Pathanamthitta. One of the conditions was that they should produce two solvent sureties for Rs.1,00,000/- each and that those sureties should produce solvency certificates issued by the Tahsildar. The learned counsel for the petitioners submits that because the solvency certificates could not be obtained, the petitioners have been in custody for the last 10 months. 2. The amount in respect of which cheating was committed is Rs.1,35,00,000/-. The learned Public Prosecutor submits that during the investigation Rs.30,00,000/- was remitted by the accused persons. Rs.30,00,000/- was recovered. Besides, gold worth 74 Crl.M.C. No.3575 of 2011 -: 2 :- sovereigns were also recovered. For the balance, the bank has proceeded against two immovable properties of the accused persons. Therefore, the learned counsel for the petitioners submits that the interest of the bank would be well protected. 3. Considering all the aspects, the condition regarding the production of solvency certificates shall stand modified to the effect that the accused will execute a bond for Rs.2,00,000/- each with two solvent sureties each for the like amount. The sureties shall produce attested photocopies of the title deeds and recent basic tax receipts. The learned Magistrate will verify the original title deeds and return the same to the sureties. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt