IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Crl.MC.No. 3898 of 2008() ------------------------- CRIME NO.59/06 OF THE MALOOR POLICE STATION .................... PETITIONER(S): ACCUSED 8 & 11: ------------------------------ 1. SANAL KUMAR, S/O.RAGHAVAN, SHYMA NIVAS, SIVAPURAM, THALASSERY. 2. SATHEESAN VALLUMMAL, S/O.MOHANAN, MOHITHA NIVAS, SIVAPURAM, PADUPURA, THALASSERY. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3898 of 2008 ------------------------------------------------- Dated this the 4th day of November, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Secs.3 and 5 of the Explosive Substances Act. All other offences are bailable. The petitioners were released on bail as per the order of the learned Sessions Judge subject to conditions, inter alia, that the petitioners must make a cash deposit of Rs.10,000/- each and execute bonds for Rs.20,000/- each with two solvent sureties each for the like sum. That order was passed on 6/10/08. It is, in these circumstances, that they have come before this Court with this petition to modify the conditions imposed and to delete the condition regarding cash deposit. 2. The learned counsel for the petitioners today submits that the petitioners have been released on bail as per the Crl.M.C. No. 3898 of 2008 -: 2 :- interim order dated 20/10/08 issued by this Court. The learned Public Prosecutor submits that the petitioners have not appeared before the court and were absconding. The case was dragging on because of the non-appearance of the petitioners. It is hence that such an onerous condition was imposed by the learned Sessions Judge, submits the learned Public Prosecutor. 3. I take note of all the circumstances including the fact that the petitioners on account of their inability to raise the cash security amount had remained in custody till the petition was filed on 17/10/08. I am satisfied that the said condition obliging them to make cash deposit can be deleted. But to allay the apprehension of the learned Public Prosecutor that the petitioners may abscond, they can be directed to execute bonds for a higher amount. 4. In the result, this Crl.M.C. is allowed. The condition regarding cash deposit is deleted. But it is directed that the petitioners shall within a period of 14 days from this date appear before the learned Sessions Judge and execute bonds for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Sessions Judge. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3898 of 2008 -: 3 :-