IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Crl.MC.No. 2907 of 2008() ------------------------------------- (CRIME NO.326/2007 OF PAYANGADI POLICE STATION) PETITIONERS: ----------------------- 1. RAVI.M, S/O. MURUKESHAN, AGED ABOUT 20 YRS,RESIDING AT KONGADUPADAM HOUSE, PUTHUSSERY VILLAGE, KANJIKODE, PALGHAT, NOW RESIDING AT MALOTU, KANNADIPARAMBA, KANNUR. 2. SURESH, S/O. MARIAPPAN, AGED 35 YRS, RESIDING AT KUNNUMBRAM, PERINTHALMANNA. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O, PAYANGADI, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2907 of 2008 ------------------------------------------------- Dated this the 31st day of July, 2008 ORDER The petitioners, who face allegations for offences punishable, inter alia, under Sec.392 IPC, have been enlarged on bail by the learned Sessions Judge. The petitioners are aggrieved by one condition imposed on them when they were enlarged on bail. That condition obliges them to deposit an amount of Rs.20,000/- each. The learned counsel for the petitioners that the petitioner are impecunious individuals and the direction to deposit the amount of Rs.20,000/- each would virtually amount to castigating them in prison for their inability to raise and deposit that amount. Any reasonable condition may alternatively be imposed. But the petitioners may be saved of the obligation to raise the amount of Rs.20,000/- while in custody and depositing the same. Crl.M.C. No. 2907 of 2008 -: 2 :- 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor only prays that appropriate modification in the bond amount may be insisted. 3. Having considered all the relevant circumstances, I find the prayer of the petitioner to be absolutely justified. The courts should not ordinarily, except under compelling reasons, impose a condition on an accused person in custody to make cash deposit as condition for bail. I do not find any such compelling reasons in this case. I am satisfied that the bond amount can be raised and the condition for cash deposit can be dispensed with. 4. In the result: (a) This Crl.M.C. is allowed. (b) The condition that the petitioners must deposit an amount of Rs.20,000/- each is set aside. But it is directed that the petitioners must execute bonds for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 2907 of 2008 -: 3 :-