IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Crl.MC.No. 2026 of 2008() ------------------------- O.R.NO. 2/08 OF KANTHALLUR FOREST STATION CRMP.104/2008 of SPL. COURT (NDPS ACT CASES), THODUPUZHA .................... PETITIONER: ------------ RAMALINGAM, S/O. RAMASWAMY KUTTAMOTTU VILLAGE, ERAKKADU TALUK, SELAM DIST. TAMIL NADU. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- THE STATE OF KERALA, REP. BY THE FOREST RANGE OFFICER, KANTHALLUR FOREST STATION – THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2026 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2008 O R D E R The petitioner, who faces allegations in a crime for offences punishable under the N.D.P.S. Act and the Kerala Forest Act, has been granted regular bail by the Special Judge for N.D.P.S. Cases, Thodupuzha subject to conditions. One of the conditions imposed is that he must execute a bond for Rs.1,00,000/- with two solvent sureties. The petitioner is aggrieved by the condition that “the sureties must be respectable persons permanently residing in Kerala and having immovable properties in Kerala”. The learned counsel for the petitioner submits that the insistence by the learned Special Judge is unjustified and is directly in conflict with the dictum in Motiram & ors. V. State of Madhya Pradesh (1978 KLT 747 (SC). The penultimate paragraph is relied on to contend that such insistence is unjustified. 2. Notice has been given to the learned Prosecutor. Arguments have been heard. I find merit in the contention of the Crl.M.C.No. 2026 of 2008 2 learned counsel for the petitioner that the said condition referred above is not justified. 3. I am satisfied in these circumstances that that the said condition can be deleted. It is observed that the learned Special Judge shall accept the sureties if they are found to be sufficient, solvent and adequate. Appropriate enquiry can, if necessary, be conducted by the learned Special Judge to satisfy herself about the sureties being sufficient, solvent and adequate. 4. This Crl.M.C. Is allowed to the above extent. 5. Hand over the order. (R. BASANT) Judge tm