IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 Crl.MC.No. 2087 of 2009() ----------------------------------------- (CMP.NO.6314/2009 OF CHIEF JUDICIAL MAGISTRATE COURT,ERNAKULAM) ........ PETITIONER(S): ACCUSED 1 TO 3: ---------------------------------------------------- 1. RATHIRANJAN PAREEDA, S/O. BATHEL PAREDA, KHASIPUKARA, KEONJHA DISTRICT, ORISSA STATE. 2. BIPIN BIHARI BEHRA S/O. BENCHANITHI BEHARA, TARIMUL POST, ANANDAPUR TAHSIL, KEONJHA DISTRICT, ORISSA. 3. BIRANCHI BEHERA, S/O.BYTHER BEHRA, TARIMUL POST, ANANDAPUR TAHSIL, KEONJHA DISTRICT, ORISSA. BY ADVS. MR.N.A.SHAFEEK, MR.P.A.MUJEEB. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2087 OF 2009 ------------------------------------------ Dated 13th July 2009 O R D E R Petitioners are accused in crime No.1178/2009 of Central Police Station, Ernakulam. Offence alleged against petitioners are under Sections 468, 471 and 51 of 420 read with Section 34 of Indian Penal Code. As per Annexure-A1 order dated 23/6/2009, Chief Judicial Magistrate, Ernakulam granted bail to the petitioners but on conditions. Petitioners were directed to execute a bond for Rs.2,00,000/- with two solvent sureties each for the like sum, making it clear that sureties must belong to Ernakulam. In addition they shall produce solvency for Rs.1,00,000/- and make a cash deposit of Rs.1,00,000/-. This petition is filed under Section 482 of Code of Criminal Procedure to modify the condition contending that petitioners cannot get sureties from Ernakulam. So also direction to produce solvency certificate as well as to make a cash deposit of Rs.1,00,000/- by the sureties is too CRMC 2087/09 2 harsh. 2. Learned counsel appearing for petitioners and learned Public Prosecutor were heard. Learned Public Prosecutor submitted that petitioners are from Orissa and the allegation against them are series and in such circumstances, it is necessary to impose the condition as has been done by the learned Magistrate and therefore, it does not warrant any interference. 3. Prosecution case is that petitioners attempted to purchase gun from Thekkan Armoury shop by using a fake licence, evidently to transfer it for illegal purposes. In such circumstances, in the nature of the offences, I find no reason to interfere with the direction to impose the conditions. But condition to make cash deposit of Rs.1,00,000/- is harsh. That alone is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.