IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Crl.MC.No. 2839 of 2008() ------------------------- CRMP.1793/2008 of ADDL. SESSIONS COURT-II, MAVELIKKARA .................... PETITIONER / 1ST ACCUSED : ------------------------------------------------- PRAVEEN KUMAR, AGED 22 YEARS, S/O RAVEENDRAN, CHAMBILATHU VEEDU, KUTTAMPEROOR MURI, MANNAR. BY ADV. SMT.A.SALINI LAL RESPONDENT / RESPONDENT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2839 of 2008 ------------------------------------- Dated this the 30th day of July, 2008 ORDER Petitioner is the 1st accused in a crime registered alleging offences punishable, inter alia, under Section 376 I.P.C. He was granted bail as per Annexure-1 order subject to conditions. Inter alia the condition was imposed that a bond for Rs.30,000/- must be executed by him along with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. There is a further stipulation that at least one of the sureties must be the parent of the petitioner herein. 2. According to the petitioner, he is now entitled to be released on bail. But he is unable to take advantage of the order granting him bail because his parent is unable to prove that he is solvent to the extent of Rs.30,000/-. The counsel prays that the said condition may be modified. Either it may be clarified that the parent can be accepted as a surety without insisting on his proving his solvency or in the alternative the insistence that one of the sureties must be the parent may be dispensed with. Crl.M.C. No.2839 of 2008 2 3. Notice was given to the learned Public Prosecutor. I have considered all the relevant circumstances. I am persuaded to agree that there is merit in the grievance raised by the petitioner. 4. The counsel makes a further submission that the condition that the petitioner, a student, must appear before the Investigating Officer on all Mondays, Wednesdays and Saturdays between 10.30 a.m and 11.30 a.m may be modified. Insistence on that condition would virtually interfere with the petitioner's pursuit of his education. He may be directed to appear before the police between 10.30 a.m and 11.30 a.m on all Saturdays and Sundays, it is prayed. ` 5. I am satisfied that the said request can also be allowed. 6. In the result: i) This petition is accordingly allowed; ii) The stipulation that at least one of the sureties must be the parent of the petitioner herein is modified. It is clarified that if a parent of the petitioner offers himself as surety, the learned Magistrate need not insist on that surety producing any documents to prove his solvency; Crl.M.C. No.2839 of 2008 3 iii) The condition that the petitioner must appear before the Investigating Officer on all Mondays, Wednesdays and Saturdays between 10.30 a.m and 11.30 a.m petitioner is also modified. The petitioner need appear before the Investigating Officer only on all Saturdays and Sundays between 10.30 a.m and 11.30 a.m. 7. Hand over a copy of this order to the learned counsel for the petitioner today itself. (R.BASANT, JUDGE) rtr/-