IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Crl.MC.No. 2453 of 2009() -------------------------------------- (CRIME NO.302/2009 OF KATTOOR POLICE STATION, THRISSUR DISTRICT) PETITIONER(S): ACCUSED: ---------------------------------------- RAJEESH @ CHATHAYI, S/O KOCHAPPAN, AGED 28 YEARS, MADATHIPARAMBIL HOUSE, NARIKKUZHI DESOM, KATTOOR, THRISSUR. BY ADV. MR.RAJESH CHAKYAT RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE SUB INSPECTOR OF POLICE KATTOOR, THRISSUR DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2453 of 2009 -------------------------- ORDER Petitioner, the accused in Crime No.302/2009 of Kattoor Police Station, registered for offences under Sections 341, 323 and 308 of Indian Penal Code, was granted bail by learned Sessions Judge, Thrissur in Crl.M.C.No.1115/2009 on conditions. One of the conditions was to execute a bail bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate, but, providing that at least one of the sureties shall produce the solvency certificate or furnish cash security for the said amount. Petitioner is challenging that condition in this petition filed under Section 482 of Code of Criminal Procedure. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner submitted that in spite of the order passed by CRMC 2453/09 2 learned Sessions Judge on 18.7.2009, petitioner could not get a surety, who is capable of producing the solvency certificate or making a cash deposit and as the petitioner is a person living below the poverty line, the said condition would amount to denial of bail. 4. As learned Sessions Judge has already granted bail, it cannot be allowed to be enjoyed by imposing conditions which could not be fulfilled by the petitioner. Poverty is not a sin. In such circumstances, what is necessary is to get assurance for the presence of the petitioner at the time of trial as well as a guarantee not to interfere or influence the investigation. Both could be realised by providing that one of the sureties shall be a close relative of the petitioner, either the father, the mother, the brother or the sister. Therefore, the order in Crl.M.C.No.1115/2009 is partly modified with respect to the direction to the sureties to produce CRMC 2453/09 3 the solvency certificate. Instead of producing the solvency certificate or making a cash deposit, it is clarified that at least one of the sureties shall be a close relative of the petitioner, like, the father, the mother, the brother or the sister. Petition is disposed. 11th August, 2009 (M.Sasidharan Nambiar, Judge) tkv