IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Crl.MC.No. 2592 of 2009() ------------------------- CMP.2134/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... (CRIME NO.682/09 OF ALUVA POLICE STATION) PETITIONER(S): 4TH ACCUSED: ------------------------------------------------ ELBIN, S/O. DEVASSY @ BABU, MATTAPPILLY HOUSE, MADATHUMPADY, CHOONDY, ALUVA, ERNAKULAM. BY ADV. MR.RAJIT RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2592 OF 2009 ------------------------------------------ Dated 26th August 2009 O R D E R Petitioner, the fourth accused in crime No.682/2009 of Aluva police station was granted bail for the offence under Section 395 read with Section 149 of Indian Penal Code by Judicial First Class Magistrate-I, Aluva, as per order in C.M.P.2134/2009 on conditions. One of the conditions was to deposit Rs.10,000/-. This petition is filed under Section 482 of Code of Criminal Procedure to lift the said condition contending that petitioner is not in a position to deposit the amount because of his financial conditions. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-A order does not show the reason why the learned Magistrate directed the petitioner to deposit Rs.10,000/- to release him on bail. Learned Public Prosecutor submitted that no other case is reported against the petitioner prior CRMC 2592/09 2 to this incident. In such circumstances, it is not necessary to direct the petitioner to deposit Rs.10,000/-. At the same time while lifting the said condition, the condition is to be modified directing that at least one of the sureties should be a close relative of the petitioner like parents, brother or sister. Petition is disposed modifying the condition in Annexure-A order deleting the direction to deposit Rs.10,000/- but providing that out of the two sureties, one should be a close relative of the petitioner like parents, brother or sister. M.SASIDHARAN NAMBIAR, JUDGE. uj.