IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Crl.MC.No. 1430 of 2011() ----------------------- AGAINST THE ORDER DATED 12/04/2011 IN CMP 1343/2011 IN CC.494/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR ................. PETITIONER/ACCUSED. ---------------------------------- VINOD K.G., S/O. GANGADHARAN, "LAKSHMI", NEAR KHADIKENDRA, THAYNERI, ANNUR P.O., PAYYANNUR. BY ADV. SRI.M.AJAY RESPONDENTS/STATE & COMPLAINANT. ----------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. THE STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR - 670 003. R1 & R2 BY PUBLIC PROSECUTOR SRI JAIJU PAUL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. ------------------------------------- Crl. M.C No. 1430 of 2011 -------------------------------------- DATED THIS THE 20th DAY OF MAY 2011 O R D E R This petition filed by the accused in CC No.494/2010 on the file of Judicial First Class Magistrate-I, Kannur to delete the condition directing him to produce two solvent sureties within one month by the impugned order in CMP No.1343/2011 dated April 12, 2011. 2. The facts in brief are these: The allegation against the petitioner was when he being the Manager of Kotak Securities Ltd., Kannur traded the shares worth Rs.4,00,000/- held by the defacto complainant Mr. K.N. Siddique in his share trading account with Kotak Securities Ltd., Kannur without obtaining the consent of the defacto complainant and thereby committed offences punishable under Sections 406 and 420 of IPC. In pursuance of the summons received from the learned Magistrate accused appeared before the lower court and the learned Magistrate by order dated April 12, 2011 in CMP No.1343/2011 released him on bail on furnishing a Crl. M.C. No.1430/2011 -2- bond for Rs.5,000/-. In addition to that learned Magistrate required two sureties to make a cash deposit of Rs.5,000/- each and directed the petitioner to produce two solvent sureties for like sum each within one month. 3. It is alleged in the petition that the petitioner executed a bond for Rs.5,000/- and the sureties deposited Rs.5,000/- each, that as the petitioner is settled in outside Kerala he is now unable to produce solvency certificate for the sureties and that therefore the said condition in the impugned order may be deleted. 4. Notice given to Public Prosecutor. Lower court records are also called for. It is seen from the records the petitioner produced two sureties, both are employees and their salary certificates were produced before the Magistrate. Under these circumstances and in the light of the averments made in the petition I feel that the above condition imposed by the learned Magistrate can be deleted. 5. In the result, petition is allowed. The direction of Crl. M.C. No.1430/2011 -3- the Judicial First Class Magistrate-I, Kannur in the order dated April 12, 2011 in CMP No.1343/2011 in CC No.494/2010 requiring the petitioner to produce two solvent sureties is hereby deleted. The two sureties produced by the petitioner can be treated as two solvent sureties. Crl.M.C. is allowed as found above. Sd/- P.Q. BARKATH ALI, JUDGE. AMG True copy P.A. to Judge