IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Crl.MC.No. 2963 of 2008() ------------------------------------- (CRIME NO.268/2008 OF CHALAKUDY POLICE STATION) .................... PETITIONERS:ACCUSED NOS.5 AND 7: ---------------------------------------------------------- 1. SUNIL, S/O.RAMAKRISHNAN, THATHAMPPILLY HOUSE, ALOOR VILLAGE, PORUNNAMKUNNU DESOM, THRISSUR DISTRICT. 2. MADHU,S/O.VELAYUDHAN, THACHANADAN HOUSE, ALOOR VILLAGE, PORUNNAMKUNNU DESOM, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT:COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 6/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2963 of 2008 ------------------------------------------------- Dated this the 6th day of August, 2008 ORDER The petitioners, who face allegations, inter alia, under the Arms Act and Explosive Substances Act, have been directed to be released on bail subject to conditions. They have been directed to execute bonds for Rs.30,000/- each with two solvent sureties. There is a further direction that, at least, one of such sureties must produce solvency certificate for the said amount or make cash deposit for the said amount. Other conditions have also been imposed. The petitioners have come to this Court claiming to be aggrieved by the condition that one of the sureties must produce solvency certificate or in the alternative, cash deposit must be made of the said amount. The learned counsel for the petitioners submits that the petitioners are now in prison. They are unable to secure the solvency certificates Crl.M.C. No. 2963 of 2008 -: 2 :- immediately. Notwithstanding the order granting bail, they are unable to take advantage of the same. The petitioner cannot now secure such solvency certificates while they are in prison. Imposition of the said condition causes great hardship and inconvenience. Virtually the petitioners are denied their rights to avail the benefit of the order granting bail by the said condition. The said condition may be modified, it is prayed. The bond amount may be increased if this Court so feels necessary. But the rigid insistence on production of solvency certificate which would unnecessarily delay the actual release of the petitioners on bail may not be made, it is prayed. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor only submits that appropriate safeguards may be insisted. I am satisfied that there is merit in the prayer of the petitioners. 3. In the result: (a) This Crl.M.C. is allowed. (b) The said condition is modified. The petitioners shall execute bonds for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. It is not necessary to insist that the sureties must instil satisfaction in the mind of the learned Magistrate in any Crl.M.C. No. 2963 of 2008 -: 3 :- particular or rigid manner. They can try to induce the requisite satisfaction by producing any such proper materials. The learned Magistrate, needless to say, must consider such materials and accept the sureties that they are found to be accepted. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge