IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Crl.MC.No. 151 of 2009() ------------------------ CMP.3562/2008 & 3210 OF 2008 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD .................... PETITIONER(S): ACCUSED NOS 2 TO 4 & 1 ------------------------------------- 1. RAJEEV.M.K.RAJESH, S/O.M.K.KORAN, AGED 38 YEARS, MADATHILPARAMBIL VEEDU, PARAPPOOKKARA, KODAKARA, THRISSUR. 2. SHANMUGHAN T.K., AGED 56 YEARS, S/O.KANDAN, THORIYIPARAMBU, VALLARPADAM, KULAVUKADU, ERNAKULAM. 3. JOI @ BABU, S/O.ANTHONI, AGED 39 YEARS, VECHILAYATH, KORATTI, THRISSUR. 4. SREEDHARAN @ BABU, AGED 53 YEARS, S/O.ABDUL RAHIMAN, ULLATTILVEEDU, KUTTIKKATTUR DESOM, PERUMANNA VILLAGE, KOZHIKODE. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.151 of 2009 ---------------------------------------- Dated this the 16th day of January 2009 O R D E R Petitioners, four in number, are aggrieved by the directions issued when they were granted bail as per two separate orders (Annexures A and B). Identical condition was imposed on all the four accused who face allegations in three different crimes. It was directed that the petitioners must execute bonds for Rs.25,000/- each. It was further directed that the sureties must produce solvency certificates or property documents. The learned counsel for the petitioners submits that the condition imposed is too onerous. The petitioners who remain in custody from 25/11/2008 are unable to get such sureties while they remain in judicial custody. The rigid insistence on the production of documents by the sureties may not be made and the learned Magistrate may be directed to accept any sureties if such sureties are found by the learned Magistrate in his assessment to be adequate, solvent and sufficient. 2. I am satisfied that the said request can be accepted. I take note of the fact that the petitioners are remaining in Crl.M.C.No. 151/09 2 custody from 25/11/2008 and are not able to, in spite of the order dated 03/05/2008, avail the benefit of such order and come out on bail. 3. This Crl.M.C is accordingly allowed. It is observed that the learned Magistrate need not rigidly insist on production of solvency certificates or documents relating to immovable properties. The learned Magistrate may accept any sureties provided the learned Magistrate is satisfied that such sureties are solvent, sufficient and adequate. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No. 151/09 3 Crl.M.C.No. 151/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008