IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 Crl.MC.No. 4787 of 2008() ------------------------- CRMP.10067/2008 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR CRIME NO.59/06 OF PATHANAPURAM EXCISE RANGE .................... PETITIONER(S): ACCUSED NO.3 --------------------------- EDISON MATHEW, S/O.MATHEW, AGED 30 YEARS, VAROOR VEEDU, PERINGALLUR MURI, EDAMULACKAL VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, PATHANAPURAM EXCISE RANGE REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4787 of 2008 ---------------------------------------- Dated this the 11th day of December 2008 O R D E R The petitioner faces allegations in a crime registered against him alleging offences punishable under the Kerala Abkari Act. The petitioner has been granted bail by default under the proviso to Section 167(2) Cr.P.C. The petitioner is aggrieved by one condition imposed which obliges him to make a cash deposit of an amount of Rs.50,000/- as cash security. The learned counsel for the petitioner points out that the matter has already been considered by this court in Crl.M.C.No.4762/08 as per order dated 10/12/2008. The petitioner shall be satisfied if the identical directions are given in this Crl.M.C also, it is prayed. 2. I am satisfied that the said request can be accepted. 3. In the result, this petition is allowed in part. Condition No.5 obliging the petitioner to make deposit of a cash security of Rs.50,000/- is modified to the following extent: a) The petitioner shall be released from custody on his satisfying all other conditions and on deposit of an amount of Rs.10,000/- (Rupees ten thousand only) as cash security. Crl.M.C.No.4787/08 2 b) The petitioner shall have further time of sixty days from the date of his release to deposit the entire balance amount of Rs.40,000/- (Rupees forty thousand only). Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.4787/08 3 Crl.M.C.No.4787/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008