IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Crl.MC.No. 3149 of 2008() ------------------------- CRIME NO. 629/08 OF CHENGAMANAD POLICE STATION .................... PETITIONER/ACCUSED: ------------------------------- PRABHAKARAN, S/O. THANKAVEL, AGED 36 ADIYAKAMANGALAM DESOM THIRUVAROOR DIST. TAMIL NADU. BY ADV. SRI.P.SHAIJAN JOSEPH RESPONDENT/COMPLAINANT: ----------------------------------------- S.I. OF POLICE, CRIME DETACHMENT, ALUVA 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 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3149 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2008 O R D E R The petitioner, who faces allegations for offences punishable, inter alia, under Sections 468 and 471 I.P.C. and Section 12 of the Indian Passport Act and who remains in custody from 24.7.2008, was granted bail by the learned Sessions Judge subject to conditions. The petitioner is aggrieved by one condition imposed, which obliges the petitioner to produce two sureties, of which one must be a person hailing from Kerala. This condition makes it impossible for the petitioner to avail the benefit of the order granting bail. Though bail was granted as early as on 6.8.08, the petitioner, as he is unable to comply with the said condition, is obliged to languish in prison. In these circumstances it is prayed that the said condition may be modified. 2. Notice was given to the learned Prosecutor. The learned Prosecutor only submits that appropriate safeguards may be provided to ensure that the petitioner shall be available for trial. Crl.M.C.No. 3149 of 2008 2 3. In the facts and circumstances of this case, I am satisfied that the request made by the petitioner can be accepted. Appropriate safeguards can be insisted. 4. This Crl.M.C. is accordingly allowed in part. It is directed that the petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Sessions Judge. It is not necessary to insist on residential qualification of any sureties. If the learned Sessions Judge is satisfied about the solvency, adequacy and acceptability of the sureties, the learned Judge can accept the same and release the accused on bail. 5. Hand over the order. (R. BASANT) Judge tm