IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH MARCH 2007 / 9TH CHAITHRA 1929 Crl.MC.No. 1044 of 2007() ------------------------- CRIME NO. 172/07 OF KALAMASSERY POLICE STATION PETITIONER/ACCUSED: --------------------------------- SATHEESHKUMAR, S/O. NARAYANAN VRINDAVANAM VEETIL VAIKOM, NOW RESIDING AT PONEKKARA, EDAPPALLY. BY ADV. SRI.E.C.POULOSE SMT.BOBBY RAPHEAL.C RESPONDENT/COMPLAINANT: ----------------------------------------- STATE OF KERALA, REP. BY S.I. OF POLICE KALAMASSERY POLICE STATION, REP. BY PUBLIC PROECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M. KAMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1044 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2007 O R D E R The petitioner faces allegations under Sections 406 and 420 I.P.C. He has been in custody from 13.3.2007. The learned Magistrate had directed his release on bail, subject to conditions, as early as on 20.3.07. He has not been able to comply with the conditions and hence continues in custody even now. The petitioner complains about the onerous nature of the conditions imposed on the petitioner. He is particularly aggrieved by conditions 2 and 3. They oblige the petitioner to offer as one surety a near relation of the petitioner i.e. “mother, father, brother, sister or direct uncle.” They also oblige the petitioner to deposit an amount ofRs.50,000/- in court as cash security. 2. The learned counsel for the petitioner submits that the conditions are so onerous and impossible of performance that the petitioner will be compelled to remain in custody until final disposal of the case. In these circumstances, it is prayed that the conditions Crl.M.C.No. 1044 of 2007 2 may be modified appropriately to enable the petitioner to take advantage of the order and get release from custody. 3. In response to a specific query, the learned counsel for the petitioner submits that the petitioner is prepared to show his bonafides by making cash deposit of Rs.10,000/- before the learned Magistrate. He is unable to deposit any greater amount. His close relatives do not have properties and the insistence that they must join as sureties and also that they must be solvent makes the position difficult. It is hence impossible for the petitioner to comply with the conditions presently imposed. 4. I have heard the learned counsel for the petitioner. The learned Prosecutor does not also raise any objections in appropriately modifying the conditions, subject to adequate safeguards. In these circumstances I am satisfied that the conditions imposed can be modified. 5. In the result this Crl.M.C. is allowed. In modification of the conditions imposed for grant of bail, it is directed that the petitioner shall be released from custody on the following terms and conditions. (1) He shall execute a bond for Rs.25,000/- (Rupees twenty five thousand only) with three sureties each for the like sum to the satisfaction of the learned Magistrate. Crl.M.C.No. 1044 of 2007 3 (2) The third of these sureties shall be a close relative as directed by the court below. But the learned Magistrate need not insist that such relative surety must produce documents to show that he is solvent. (3) The petitioner shall deposit cash security of Rs.10,000/- in court. (R. BASANT) Judge tm