IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Crl.MC.No. 2661 of 2009 ---------------------------------- [CMP.NO.2590/2008 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY] .................... PETITIONER/ ACCUSED NO.2: ------------------------------------------- MAHESH, S/O.RAJAN, THAZHEYANGADI, MANANTHAVADI P.O., WAYANAD. BY ADVS. MR.ANIL GEORGE, MR.JOBY JACOB PULICKEKUDY. RESPONDENT/ STATE: --------------------------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2661 of 2009 -------------------------- ORDER Petitioner is the second accused in Crime No. 707/2008 of Thalassery Police Station, registered for the offences under Sections 457, 392 and 411 of Indian Penal Code. He was granted bail along with accused 1 and 3 as per Annexure-A1 order in C.M.P. No.2590/2008 on conditions. The third condition was to deposit Rs.10,000/- each by the accused. This petition is filed under Section 482 of Code of Criminal Procedure to quash the said condition contending that because of the financial condition, petitioner is not in a position to deposit the amount. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Financial condition by itself shall not be a ground to deny bail granted to the accused. I find no justification for directing the accused to CRMC 2661/09 2 deposit Rs.10,000/- each to enlarge them on bail as sufficient conditions, otherwise, were imposed by the learned Magistrate. In such circumstances, Condition No.3 in Annexure-A1 order, in respect of the petitioner, is deleted. 22nd September, 2009 (M.Sasidharan Nambiar, Judge) tkv