IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Crl.MC.No. 1014 of 2010() ---------------------------------------- CMP.NO.69/10 IN O.R.NO.21/09 ( NACHIVAYAL FOREST STATION) OF JFMC , DEVIKULAM ..................... PETITIONER(S): ACCUSED NOS. A1 AND A2: ----------------------------------------------------------------- 1. RAMASWAMY @ MAHILINGAM, S/O.PALANI, ALAMBANNOOR GRAMAM, JAMANAMATHOOR VILLAGE, POLOOR TALUK, THIRUVANNAMALA DT, TAMIL NADU. 2. SANKAR GANESH, S/O.CHINNAPPAYYAN GOUNDER, MELNELLIMATHOOR GRAMAM, DO...DO...DO..... BY ADV. SRI.N.K.KARNIS RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY RANGER, NACHIVAYAL FOREST STATION, MARAYOOR, IDUKKI DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2010 ALONG WITH CRMC.NO.1018 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------------- CRL.M.C.NO.1014 & 1018 OF 2010 -------------------------------------------------- Dated 24th March 2010 O R D E R Petitioners in Crl.M.C.1014/2010 are accused 1 and 2 in O.R.21/2009 and petitioners in Crl.M.C.1018/2010 are accused 1 and 2 in O.R.18/2009 of Nachivayal Forest Station. By Annexure-A1 orders in C.M.P.69/2010 and C.M.P.70/2010, Judicial First Class Magistrate, Devikulam granted bail on conditions. One of the conditions is to deposit Rs.20,000/- each as cash security for ensuring their presence. Other condition was that sureties shall produce original tax receipts and their title deeds. Petitions are filed under Section 482 of Code of Criminal Procedure to delete those conditions Crmc 1014 & 1018/10 2 contending that in view of said harsh conditions, even though bail was granted , petitioners are still in jail and therefore, those conditions are to be deleted. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. When bail is granted Magistrate is to get assurance for the presence of the accused for the purpose of investigation as well as trial. I do not find that a direction to make cash security of Rs.20,000/- each is a justifiable condition. If such condition is imposed, persons who are living below the poverty line may have to be in jail, even though they are entitled to get bail. Similarly, Crmc 1014 & 1018/10 3 if condition is imposed providing that sureties shall produce their title deeds and original tax receipts, sureties who may otherwise be prepared to stand for the accused may not agree to be sureties as by producing title deed of their property, they will be prevented from encumbering or transferring the property. In such circumstances, conditions directing petitioners to make cash deposit and the sureties to produce original title deed and tax receipts are deleted. But it is made clear that at least one of the sureties should be a close relative of the petitioners like parents or siblings and sureties shall be solvent to the satisfaction of the learned Magistrate. If relatives of the petitioners who executes Crmc 1014 & 1018/10 4 the bond, is not a solvent surety, petitioners shall produce two solvent sureties in addition of the said relative. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR, JUDGE. uj.