IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Crl.MC.No. 4751 of 2008() ------------------------- CRMP.332/2008 of J.F.C.M, AMINI .................... PETITIONER(S): ACCUSED: ----------------------- 1. ANTONY, AGED 48 YEARS, S/O.JOSEPH, KANIAMPURAM, CHETTIKAD. 2. DASAN, AGED 60 YEARS, EKKORAN, NIKATHIL, IYYAMPILLY. 3. MARTIN, AGED 42 YEARS, S/O.THOMAS, PARAPILLY, KOTTUVALLYKAD. 4. SHAJI, AGED 41 YEARS, S/O.VARGHESE, MEKKARA, PALLIPPURAM. 5. JOSE EZHAL, HOUSE NO.6/90 SIMON COLONY, KUDIMANA P.O., KANYAKUMARI. 6. BOBAN, S/O.MARCILY, RANDUTHAIKKAL, MUNAMBAM, ERNAKULAM. 7. YESUDAS, S/O.JOSE, 6/511, PALLIVILOAKAM, POONTHURA. 8. JEROLIN, AGED 32 YEARS, S/O.JOHNSON, VINAYAM, MUTTAMTHARA. 9. THADEVUS, AGED 32 YEARS, S/O.SUSAN MICHEAL, 1355, KULACHAL, KANYAKUMARI. 10. JOSEPH, AGED 32 YEARS, S/O.CHEEKKU, KOLATTUPURAM, PALLIPPURAM. 11. BENNY, AGED 32 YEARS, S/O.GEORGE, THANIPALLY, PALLIPPURAM. 12. SIDDAN, AGED 35 YEARS, S/O.DASAN, KAIMAPARAMBIL, PALLIPPURAM. 13. SANTHOSH, AGED 36 YEARS, S/O.RAMAKRISHNAN, VALIYAVEETIL, CHETTIKKAD. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.S.A.SHERLY SMT.SAJITHA GEORGE SMT.S.REKHA Crl.MC.No. 4751 of 2008 - 2 - RESPONDENT(S): COMPLAINANT --------------- ADMINISTRATION OF UNION TERRITORY OF LAKSHADWEEP, REPRESENTED BY ITS STANDING COUNSEL AND PROSECUTOR, HIGH COURT OF KERALA. (CRIME NO.1/2006 OF CHETLATH POLICE STATION, LAKSHADWEEP, CC 10 OF 2008 BEFORE THE JFMC, AMINI AND RENUMBERED AS C.P.2/08). SRI.S.RADHAKRISHNAN, STANDING COUNSEL FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4751 of 2008 ------------------------------------- Dated this the 9th day of December, 2008 ORDER Petitioners face indictment in a prosecution for offences punishable, including Sessions offences. The petitioners could not appear before the learned Magistrate after cognizance was taken. In these circumstances, the petitioners came to this Court apprehending arrest in execution of coercive processes issued by the learned Magistrate. Order dated 27.11.08 in Crl.M.C.No.4584 of 2008 (copy of which is produced as Annexure-C) was passed by this Court. Later, the petitioners surrendered before the police and they were produced before the learned Judicial Magistrate of the First Class, Amini. They were granted bail subject to the following conditions: “1) The accused shall not leave the jurisdiction of Amini Island until further orders. 2) The accused shall execute a bond for Rs.10,000/- each with two solvent sureties each for the like sum. 3) One of the solvent sureties must be a local person of Amini Group of Island. 4) The accused shall not involve in any other similar criminal cases in Amini Island during the bail period.” Crl.M.C. No.4751 of 2008 2 2. The petitioners remain in custody now. According to them, it is impossible for them to comply with conditions 1 and 3. They are persons belonging to the main land. They cannot get anyone to stand sureties for them from the Amini group of Islands. The petitioners cannot remain within the jurisdiction of Amini Island. In these circumstances it is prayed that conditions 1 and 3 may be modified. 3. Notice was given to the Standing Counsel for the respondent. It is accepted that the petitioners do not belong to Amini Island and that they are persons belonging to the main land. The learned Standing counsel for the respondent submits that the police is interested only in ensuring that the petitioners shall be available for trial before the Court of Sessions. Subject to any appropriate conditions which shall ensure this requirement, the Police has no objection against grant of bail to the petitioners. The learned Standing Counsel for the respondent submits that after committal, the case will be taken up for trial at the Sessions Court at its Calicut Camp. 4. I do, in these circumstances, find merit in the objection raised by the petitioners against conditions 1 and 3 imposed by the learned Magistrate. I am satisfied that the said Crl.M.C. No.4751 of 2008 3 conditions can be deleted. I am further satisfied that appropriate further safeguard can be insisted in respect of the bond to be executed by the petitioners. 5. In the result: a) This Crl.M.C is allowed; b) The impugned order is modified; c) Conditions 1 and 3 imposed on the petitioners are set aside; d) It is directed that the petitioners shall execute bonds for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. 6. Hand over a copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) rtr/-