IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Crl.MC.No. 73 of 2009 ------------------------------ (CRIME NO. 243/2002 OF MUHAMMA POLICE STATION) ............... PETITIONER/ PETITIONER/ ACCUSED: ------------------------------------------------------- AJAYAKUMAR, S/O. RAJAN, MOOPAN PARAMBIL HOUSE, WARD NO. VI, MUHAMMA PANCHAYATH, MUHAMMA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.M.FIROZ. RESPONDENT/ STATE: --------------------------------- THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, MARARIKULAM, ALAPPUZHA DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 73 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2009 O R D E R The petitioner faces allegations in a crime registered for offences punishable, inter alia, under section 376 I.P.C. He was arrested on 29.11.2008 and was released on bail as per order dt.30.12.2008. Inter alia, he has been directed to make a cash deposit of Rs.25,000/- as a condition for grant of bail. He has also been directed to execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. 2. The learned counsel for the petitioner submits that the petitioner is impecunious and is unable to raise Rs.25,000/- Consequent to such inability, notwithstanding the order passed on 30.12.2008, the petitioner is languishing in prison. If the condition were insisted the petitioner shall not be able to come out of the prison. In these circumstances a lenient view may be taken and the condition imposed of such cash deposit may be set aside. Crl.M.C.No. 73 of 2009 2 3. The learned counsel for the petitioner submits that the petitioner is willing to show his bonafides by depositing an amount of Rs.10,000/- within a period of 60 days from the date of his release. 4. Having considered all the relevant inputs, I am satisfied that the prayer of the petitioner can be accepted. 5. This Crl.M.C. is allowed. The condition that the petitioner must make a cash deposit of Rs.25,000/- is modified. It is directed that the petitioner need deposit an amount of Rs.10,000/- It is further directed that the petitioner will have time for a period of 60 days after his actual release from custody to make such deposit of Rs.10,000/- He shall comply with all other conditions. 6. Hand over the order. (R. BASANT) Judge tm