IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 Crl.MC.No. 1499 of 2010() ------------------------- Crl.M.C.No.379/2010 ON THE FILE OF the SESSIONS COURT, MANJERI ARISING FROM CRIME NO.159/2010 OF TANUR POLICE STATION .................... PETITIONERS/PETITIONERS/ACCUSED 3 & 7. ----------------------------------------- 1. SATHAR, S/O. ASSAINARKUTTY, PALLIKKAL HOUSE, NIRAMARUTHUR, UNNIAL, THEVAR KADAPPURAM, MALAPPURAM DISTRICT. 2. MANSOOR, S/O. HAMZA, KAMBIVALAPPIL HOUSE, NIRAMARATHUR, UNNIAL, THEVAR KADAPPURAM, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT/RESPONDENT/COMPLAINANT. -------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE, TANUR, MALAPPURAM DISTRICT. PUBLIC PROSECUTOR: SRI FEROZ K M THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2010, ALONG WITH CRMC NO. 1516 OF 2010 AND CRMC NO. 1515 OF 2010. THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.Nos.1499, 1515 and 1516 of 2010 --------------------------------------- Dated this 30th day of April, 2010 ORDER In these petitions filed under section 482 of the Code of Criminal Procedure challenge is to the condition imposed by learned Sessions Judge, Manjeri while granting bail to the petitioners. The condition is that apart from petitioners executing bond for Rs.25,000/- each with two solvent sureties each for the like sum each, they are to deposit Rs.10,000/- each as well. Learned counsel for petitioners submit that on account of financial difficulties petitioners are not able to comply with the said conditions and that bond for Rs.25,000/- each already executed is sufficient to ensure presence of petitioners in the court concerned. 2. I have heard Public Prosecutor also. These petitioners, though in different cases stand accused for offences punishable under sections 143, 147, 148, 341, 324, 307 and 427 r/w 149 of the Indian Penal Code. They were arrested on 01-04-2010 and granted bail by learned Sessions Judge incorporating the impugned conditions stated above. This court in Jomon Vs. State of Kerala (2010 (2) KHC 264) has stated that when a bond for security is ordered to be executed it is not absolutely necessary to have cash Crl.M.C.Nos.1499, 1515 and 1516 of 2010 : 2 : deposit as further security. Such deposit need only be ordered on very compelling circumstances. No such compelling circumstance is seen in the cases on hand. Hence it is not necessary to impose a condition for deposit of cash security. Resultantly these petitions are allowed and the condition imposed on petitioners as per the impugned orders for deposit of cash security alone is lifted. In other respects the orders will remain in force. (THOMAS P JOSEPH, JUDGE) Sbna/-