IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 Crl.MC.No. 3541 of 2007() ------------------------- CC.1396/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER: ACCUSED -------------------------------------- VISWANATHAN, SON OF DAMODHARAN, AGED 44 YEARS, RESIDING AT RANI MANDIRAM, VALATHUNGAL CHERRY, ERAVIPURAM VILLAGE. BY ADV. SRI.JOHNSON GOMEZ RESPONDENTS: ------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. S.PUSHPACHANDRAN, SON OF A.SREEDHARAN, AGED 52 YEARS, RESIDING AT CHANDAMINI NIVAS, PERAYAM, THAZHUTHALA UMAYANALLOOR P.O., KOLLAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3541 of 2007 = = = = = = = = = = = = = = Dated this the 9th day of January, 2008 ORDER In this petition filed under Section 482 Cr.P.C, the petitioner who is the accused in C.C.No.1396 of 2006 before the J.F.C.M-I, Kollam, assails the direction by the said Magistrate calling upon the petitioner to make a cash deposit of Rs.40,000/- over and above execution of the bail bond for Rs.50,000/- with two solvent sureties. 2. When the learned Magistrate was requested to offer his remarks for imposing the above condition, the reason stated is that there is an increasing tendency on the part of the accused persons to abscond. That is hardly a reason for imposing such a condition, particularly when there is no case that the petitioner had resorted to such tactics on earlier occasions. Hence, the said condition is deleted in exercise of the power under Section 439(1)(b) Cr.P.C. Money, if any, deposited pursuant to the impugned order shall be refunded to the petitioner- accused. V. RAMKUMAR, JUDGE sj