IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Crl.MC.No. 1768 of 2008() ------------------------------------ CRIME NO. 88/2007 OF KORATTY POLICE STATION .................... PETITIONER: ACCUSED ------------------- SANTHOSH, S/O.CHANDRAN, PANTHAYIL HOUSE, PAZHANJI, KUNNAMKULAM. BY ADV. SRI.A.C.DEVY RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` Crl.M.C. No. 1768 OF 2008 ```````````````````````````````````````````````````` Dated this the 29th day of April, 2008 O R D E R The petitioner, who faces allegations in a crime registered under section 395 IPC, complains of the condition imposed on him when he was granted bail as per order dated 25.10.07 that he must offer two sureties, one at least of whom must produce solvency certificate for the amount of Rs.1,00,000/- to the satisfaction of the learned Judicial First Class Magistrate Court, Chalakkudy. The learned counsel for the petitioner submits that the petitioner is unable to comply with the said condition and consequently the petitioner is compelled to languish in prison and is unable to take advantage of the said order. It is, in these circumstances, prayed that the said condition may now be modified. 2. The learned counsel for the petitioner submits that it is impossible for the petitioner in prison to secure such a certificate. In these circumstances, it may be directed that the learned Magistrate can accept any surety provided the Crl.MC.No.1768/08 : 2 : learned Magistrate is satisfied about the solvency from the materials produced. 3. I find merit in the prayer of the learned counsel for the petitioner. Allegations against the petitioner are of course serious and grave. But, I note that in spite of the order grating bail dated 25.10.07, the petitioner has not been able to take advantage of the said order and in these circumstances, I am satisfied that rigid instance on production of solvency certificate by at least one of the sureties can be dispensed with. 4. This petition is accordingly allowed. The said condition is deleted and it is directed that it shall be sufficient if the learned Magistrate satisfies himself about the sufficiency and adequacy of the sureties offered by the petitioner. The rigid insistence on production of the solvency certificate need not be made. In the peculiar facts and circumstances of the case the learned Magistrate must carefully ensure that the sureties offered are sufficient, solvent and adequate. (R.BASANT, JUDGE) aks