IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Crl.MC.No. 16 of 2009(B) ---------------------------------- (CRIME NO. 1213/2008 OF KUNDARA POLICE STATION) .................... PETITIONER/ ACCUSED NO.1: ------------------------------------------- SHAJI @ SAJIM, S/O.SHAHUL HAMEED, SHAMNAMANZIL, SURYA JUNCTION, KOTTANKARA CHERRY, KOTTANKARA VILLAGE. BY ADV. SRI. K.SHAJ, ADV. SRI.SAJJU.S. RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 16 of 2009 ------------------------------------------------- Dated this the 6th day of January, 2009 ORDER The petitioner, who faces allegations in a crime registered alleging offences punishable, inter alia, under Secs.408 and 420 read with Sec.34 IPC and who has already been arrested and was directed to be released on bail, has come before this Court now with a grievance that the condition imposed on him when he was ordered to be released on bail is too onerous. He is unable to comply with the same with the result he is languishing in prison from the date of his arrest ie., 20/12/08. It is, in these circumstances, prayed that the condition imposed on the petitioner may be modified. 2. The condition imposed by the learned Magistrate is that the petitioner must execute a bond for Rs.10,000/- with two solvent sureties each for the like sum. There is a further Crl.M.C. No. 16 of 2009 -: 2 :- direction that the sureties must produce the original documents and deposit the same or they shall be Government servants not below the rank of L.D.C. The petitioner is in prison. The petitioner is unable to secure such sureties as insisted by the learned Magistrate. In these circumstances, the petitioner is obliged to continue in custody. Subject to any appropriate conditions, the petitioner may be enlarged on bail modifying the conditions already imposed. The learned counsel for the petitioner submits that the petitioner is willing to deposit a cash security of Rs.10,000/-. 3. Notice given and the learned Public Prosecutor does not oppose the application. I am satisfied that the request of the petitioner can be accepted. 4. In the result, this Crl.M.C. is allowed. The condition imposed obliging the sureties to produce the original documents or they being Government servants not below the rank of L.D.C. is set aside. The petitioner shall be released on bail on condition that he executes a bond for Rs.10,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. In addition he shall make a cash security deposit of Crl.M.C. No. 16 of 2009 -: 3 :- Rs.10,000/- before the learned Magistrate. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/