IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 Crl.MC.No. 2511 of 2008() ------------------------- CMP.1873/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, HARIPAD .................... PETITIONER: ------------ SREEKUMAR @ CHILLU @ MUNIR, S/O VASUDEVAN, AGED 22 YEARS, PUTHETHU PADEETTATHIL VEEDU, KEERIKKAD THEKKU MURI, KEERIKKAD VILLAGE. BY ADV. SRI.AJITH MURALI RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERAL, ERNAKULAM. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2511 of 2008 ------------------------------------------------- Dated this the 10th day of July, 2008 ORDER The petitioner, who faces allegations in a crime registered alleging offences punishable, inter alia, under Sec.380 of the IPC, was directed to be released on bail subject to conditions. Inter alia, a condition was imposed that the petitioner must execute a bond for Rs.50,000/- with two solvent sureties. The sureties were directed to produce solvency certificates issued by the Tahsildar concerned. 2. The learned counsel for the petitioner submits that the condition imposed is causing the petitioner great difficulties. Though the order was passed on 25/6/08, he is obliged to remain in custody. In these circumstances, it is prayed that the said condition may be modified. Sureties shall now produce the documents to show their solvency. They may be granted 45 days further time from the date of the release of the petitioner to produce their solvency certificates. Crl.M.C. No.2511 of 2008 -: 2 :- 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor reports that the petitioner is not convicted in any other case so far. Though there was an other case also, he is found not guilty and acquitted in that case, submits the learned learned Public Prosecutor. 4. I am satisfied that the prayer can be allowed. I take note of the observation in the impugned order that the petitioner once escaped from judicial custody. I am, in these circumstances, satisfied that the condition can be suitably modified. If the sureties produce necessary documents now to prove their solvency and undertake to produce the solvency certificates within a period of 45 days from the date of release of the petitioner, the learned Magistrate in his discretion can accept such sureties and release the petitioner on bail accepting the bond to be executed by them. They shall comply with the undertaking to produce the solvency certificates within the stipulated time. 5. This Crl.M.C. is, in these circumstances, allowed. 6. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge