IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Crl.MC.No. 1201 of 2009() ------------------------- CRL.M.C.1802/08 OF THE SESSIONS COURT, ERNAKULAM CMP.2320/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER: ACCUSED NO.6 --------------------------- PRASANNAN, S/O.KUNJAPPAN, THEROTHU VEEDU, NEAR KALAMASSERY GLASS FACTORY, NJALAKAM KARA, THRIKKAKKARA NORTH, ERNAKULAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.1201 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 28th April, 2009 ORDER This is an application filed under Section 482 of the Cr.P.C. to modify the conditions imposed by the Magistrate to enlarge the petitioner on bail which was confirmed by the learned Sessions Judge, dismissing the application of the petitioner for relaxation. Petitioner is the 6th accused in Crime No.251/06 of Angamaly Police Station registered for the offences under Sections 143, 147, 148 and 307 read with Section 25(1)(a) of the Arms Act. Pursuant to his arrest in another criminal case, his arrest was recorded in the above case on 13.3.2007 and eversince he continues in detention, now in judicial custody. The learned Magistrate before whom the case is pending granted him statutory bail under Section 167(2) Cr.P.C. on the noncompletion of the investigation within the time covered by that section, imposing conditions of deposit of cash security amounting to Rs.25,000/-, production of title deeds by the sureties and also direction to the petitioner to appear before the investigating office on all Mondays, Wednesdays and Saturdays till the investigation is over. The application moved by the petitioner for modifying those conditions before the Sessions Judge was dismissed after taking note Crl.M.C.No.1201/09 - 2 - of the factual report submitted by the investigating officer indicating that he is a hardened criminal involved in several crimes including a murder case and he he had remained at large and was arrested only after much efforts. Aggrieved by the conditions imposed by the learned Magistrate and the refusal of the learned Sessions Judge to modify such conditions, he has approached this court with the above petition. 2. I heard the learned counsel for the petitioner and the Public Prosecutor. The application is opposed. His continuous detention for the last two years is highlighted by the counsel to contend that he is being deprived of an opportunity to defend him of the prosecution and the conditions imposed for grant of bail, especially the order for depositing cash security of Rs.25,000/-, are so onerous and practically impossible for the petitioner to comply, who is stated to be hailing from a poor family. A copy of the order passed in favour of the coaccused in the same crime by this court modifying the condition to deposit the cash security (Annexure C) is also relied by the counsel for extending at least such indulgence in favour of the petitioner also. Opposing the application, the learned Public Prosecutor submitted that in the event of relaxation of conditions and release of the Crl.M.C.No.1201/09 - 3 - petitioner, he is likely to abscond from trial. The apex court time and again has founded upon, the imposition of cash security as a condition for enlargement of an accused on bail. A person accused of an offence if in penury circumstances will not be meet a condition for deposit of a substantial sum for his release on bail. The insistences for deposit of cash security for release of an accused on bail is not a must to secure his presence for trial as adequate other conditions depending on the facts of the case will be sufficient for the purpose. He is a hardened criminal involved several criminal cases including a murder case as submitted by the Public Prosecutor and also the apprehension that he may abscond if released on bail without rigorous conditions, the objections raised to his release, of course, deserve to be taken serious note of in modifying the conditions imposed. Instead of the direction to deposit cash security of Rs.25,000/-, the petitioner is directed to execute a bond for Rs.25,000/- with two solvent sureties for the like sum by each of them to the satisfaction of the Judicial First Cass Magistrate II, Aluva. Sureties of the petitioner shall produce either solvency certificate issued by the competent revenue officials or title deeds of immovable properties having value of that sum to prove their Crl.M.C.No.1201/09 - 4 - solvency. The petitioner shall report before the investigation officer at his office till the completion of the investigation at a time between 9 AM – 11 AM on Mondays, Wednesdays and Fridays till completion of investigation or for a period of six months from the date of his release, whichever is earlier. The petitioner shall not leave the jurisdiction of Ernakulam District for a period of three months without getting prior permission from the Judicial First Class Magistrate II, Aluva. Petition is allowed as indicated above. srd S.S. SATHEESACHANDRAN, JUDGE