IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Crl.MC.No. 3778 of 2008() ------------------------- CRIME NO.768 OF 2008 OF CHENGAMANAD POLICE STATION .................... PETITIONER: --------------- MUHAMMED, AGED 32, S/O.ASSAINAR, CHENDHADUKKA PUTHOOR TALUK, MANGALAPURAM, KARNATAKA. BY ADV. SRI.P.SHAIJAN JOSEPH RESPONDENT/COMPLAINANT: --------------- S.I. OF POLICE, CRIME DETACHMENT ALUVA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3778 of 2008 ---------------------------------------- Dated this the 13th day of October 2008 O R D E R The petitioner, who faces allegations in a crime registered alleging offences punishable inter alia under Section 471 I.P.C has come to this court aggrieved by the onerous nature of the condition imposed on him by the learned Sessions Judge when he was granted bail as per Annexure A2 order dated 24/9/2008 in Crl.M.C.No.1645/2008. The condition imposed is that the petitioner must execute a bond for Rs.15,000/- with two solvent sureties of which at least one must be a person hailing from Kerala. The petitioner, who was arrested on 10/09/2008, is continuing in custody even now because of the insistence of such an onerous condition. The petitioner has no relatives or friends in Kerala who are willing to stand surety for him. He will produce adequate and sufficient sureties to the satisfaction of the learned Magistrate; but the unnecessary insistence on the condition that one of the sureties must be a person hailing from Kerala is compelling the petitioner to remain in custody. Notwithstanding the order granting bail passed on 24/9/2008, Crl.M.C.No.3778/08 2 the petitioner is languishing in custody because of such condition. The said condition may be deleted, it is prayed. 2. The learned Public Prosecutor does not oppose the application; but insists that appropriate conditions may be insisted to ensure that the accused would be available for trial. The learned counsel for the petitioner submits that he shall produce adequate sureties even for a higher amount; but it may not be insisted that they must be resident in Kerala. 3. I am satisfied, in the facts and circumstances of this case, that the said condition can be modified. It is not necessary to insist on atleast one surety being a resident of Kerala. 4. In the result, a) This Crl.M.C.is allowed. b) The said condition - one of the sureties must be a person hailing from Kerala is hereby set aside. c) In supersession of the directions issued by the learned Sessions Judge, it is directed that the petitioner shall be released on bail on the following terms and conditions: Crl.M.C.No.3778/08 3 i) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on the first and fourth Mondays of all English calender months until the final report is filed. It is made clear that no residence qualification need be insisted if the learned Magistrate is satisfied that sureties are sufficient, solvent, adequate and acceptable. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3778/08 4 Crl.M.C.No.3778/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008