IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 Crl.MC.No. 3626 of 2009 ---------------------------------- (C.M.P. NO. 4628/2009 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMKANDAM, CRIME NO.182/2006 OF NEDUMKANDAM POLICE STATION, IDUKKI DISTRICT). PETITIONER/ ACCUSED: ----------------------------------- MURUKESAN, S/O. ARUMUGAN, ARUN NIVAS, AYUR KARA, EDAMULACKAL VILLAGE, (SANKARAPPU NADAR VEEDU, BANK THERUVU, MARUTHAMPUTHOOR VILLAGE, THIRUNELVELI DISTRICT, TAMILNADU). BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3626 OF 2009 ------------------------------------------ Dated 11th November 2009 O R D E R Petitioner, the accused in crime No.182/2006 of Nedumkandam police station registered for the offence under Section 489 B read with Section 34 of Indian Penal Code was granted statutory bail on the failure to file final report within the statutory period, by Annexure-II order dated 30/10/2009. While granting bail learned Magistrate directed petitioner to deposit Rs.50,000/- in cash as a condition for releasing on bail. This petition is filed under Section 482 of Code of Criminal Procedure to quash said condition. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. When an accused is to be released on bail in view of clause (a) of Section 167 of Code of Criminal Procedure on the failure to submit a final report within the statutory period, bail cannot be denied by imposing onerous condition. What is Crmc 3626/09 2 necessary while granting bail is to assure that availability of the accused for investigation and trial and prevent him from causing impediment or obstructions to investigation. By directing the accused to deposit Rs.50,000/- in cash, neither of these things could be achieved. In such circumstances, it is not in the interest of justice to impose a condition to deposit Rs.50,000/- for granting bail. Petition is allowed. Direction in Annexure-II to deposit Rs.50,000/- in cash is quashed. But it is provided that one of the sureties shall be the close relative of the petitioner, like his parents, brother or sister. M.SASIDHARAN NAMBIAR, JUDGE. uj.