IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Crl.MC.No. 2687 of 2008() ------------------------- CRMP.5260/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, PUNALUR (IN CRIME NO.213/06 OF KULATHUPUZHA POLICE STATION) .................... PETITIONER:ACCUSED --------------------------------- MR. SATHEESH @ SHIBU, S/O SHANMUGHAN ACHARY, AGED 28 YEARS, PANAMOOTTIL VEEDU, AGASTHYCODU MURI, ANCHAL VILLAGE, KOLLAM DIST. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS/RESPONDENT ----------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2008, ALONG WITH CRMC NO. 2690 OF 2008 CRMC NO. 2694 OF 2008 CRMC NO. 2695 OF 2008 CRMC NO. 2696 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING. R.BASANT, J. ---------------------- Crl.M.C.No.2687,2690,2694, 2695 & 2696 of 2008 ---------------------------------------- Dated this the 22nd day of July 2008 O R D E R The petitioner is allegedly a person involved in commission of offence relating to theft of motor vehicles. He was enlarged on bail by the learned Magistrate subject to conditions in five cases. It was a case of grant of default bail. Inter alia the condition was imposed that the petitioner must deposit cash security of Rs.10,000/- before the learned Magistrate in each case. Though the petitioner was ordered to be released on bail as per separate orders all dated 12/5/2008, he has not been able to take advantage of the said order inasmuch as his poverty does not permit him to make such cash deposit of Rs.10,000/- each in these cases. The petitioner has, in these circumstances, come to this court with a request that the said condition alone may be deleted. 2. I have gone through the other conditions imposed. Notwithstanding the opposition by the learned Public Prosecutor and notwithstanding the allegation that the petitioner is involved in other similar crimes, I am satisfied that the condition for deposit of an amount of Rs.10,000/- in each case is not justified Crl.M.C.No.2687 & conn.cases 2 in the facts and circumstances of this case. I am satisfied that the said condition imposed in all these cases can hence be deleted. 3. In the result, a) These Crl.M.Cs are allowed. b) The said condition - that the petitioner must make a cash deposit of Rs.10,000/- in each case is hereby deleted. (R.BASANT, JUDGE) jsr Crl.M.C.No.2687 & conn.cases 3 Crl.M.C.No.2687 & conn.cases 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008