IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 4TH MAY 2010 / 14TH VAISAKHA 1932 Crl.MC.No. 1585 of 2010() ------------------------- CMP.598/2010 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONERS/ACCUSED 1 TO 6 ----------------------------- 1. KISHORE S/O.ANASOOYA, AGED 25, H.NO.116, NEAR IOC BASIN ROAD, PARAMESWARI NAGAR, KAIMEDU, THIRUVANANTHAPURAM, (THIRUVATHOOR). 2. KUMAR, S/O.MARY, AGED 27, HOUSE NO. OLD NO.7, NEW 13,6TH STREET, RAJAMAMANGALAM, VILLIVAGAM, CHENNAI-9, TAMILNADU. 3. KISHORE, AGED 26, S/O.VENKITTAYYA, DOOR NO.V, GOVT.ISSUED COLONY, BEGELMANDALAM, KARAPRATTIPA, BITHRAGUND, NELLOOR DISTRICT, ANDRAPRADESH. 4. LAZER, S/O MANORAMA, AGED 23, HOUSE NO. OLD-54, NEW NO.24, INDIRA NAGAR, PALLAM, RAJAMANGALAM, VILLIVAKOM, CHENNAI-49, TAMILNADU. 5. JOHNSON, AGED 29, S/O.MALLAYYA, H.NO.5, 2ND STREET, NEAR WATER TANK, RAJAMANGALAM, DO. DO. 6. PRADEEP, AGED 26, S/O.BABU, DOOR NO.45, NEAR TELUNGU CHURCH, 3RD CROSS ROAD, JARDHAPRET, KAVELI DISTRICT, ANDRAPRADESH. BY ADV. SRI.P.SHAIJAN JOSEPH RESPONDENT/COMPLAINANT -------------------------- SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, KOLLAM DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: SMT K MEERA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH,J --------------------------------------- Crl.M.C.NO. 1585 OF 2010 ------------------------------------------ Dated this the 4th day of May, 2010. O R D E R This petition preferred by accused Nos.1 to 6 in Crime No.670/09 of Kollam West Police Station to delete condition Nos. 1 and 2 in Annexure, A-1 order in CMP No.598/2010 of the JFMC-II, Kollam. Petitioners stand accused offences punishable under Sections 379, 468 r/w 34 IPC. While granting bail, learned Magistrate directed that a bond for Rs.25,000/- each be executed and they shall also deposit a cash security of Rs,20,000/-. A further direction is regarding appearance of petitioners before the Investigating Officer on all Mondays, Thursdays and Saturdays till final report is filed and thereafter on all Wednesdays until further orders. Petitioners say that on account of financial difficulty they are unable to comply with the direction to deposit a cash security. Since they belong to Tamilnadu it will difficult for them to appear 2 before the Investigating Officer three days in a week till final report is submitted. Learned counsel requests that the said conditions may be lifted or modified. I heard the learned Public Prosecutor also. Learned Magistrate decided to grant bail to the petitioners subject to conditions referred to Annexure A-1, order. Having regarding to the facts and circumstances, I am not inclined to think that any compelling circumstances exist to direct deposit of cash security. Hence condition No.2 in Annexure A-1 order is lifted. It is sufficient that petitioners executed bond for Rs.25,000/- each with two solvent sureties for the like sum each as directed by the learned Magistrate. So far as condition No.1 is concerned, I am inclined to think it is sufficient that petitioners appeared before the investigating Officer on all Saturdays between 12.00 p.m and 1 p.m until otherwise ordered 3 by the learned Magistrate. The direction that petitioners shall report to the Investigating Officer all Wednesdays after filing of the final report is also deleted. It will be open to the petitioners to approach the learned Magistrate to modify the condition regarding appearance before the learned Magistrate as above stated on showing appropriate reasons for the same. Learned counsel for petitioners undertake that petitioners will produce sureties from the State of Kerala in respect of landed properties situated in the State of Kerala. That submission is recorded. Resultantly this petition is allowed in the following lines. Condition No.2 Annexure A-1 order is lifted. Condition No.1 in the said order is modified to the effect that petitioners need appear before the Investigating Officer only on all Saturdays between 12 p.m and 1.00 p.m until further orders are passed by the learned 4 Magistrate. It will be open to the petitioners to approach the learned Magistrate to modify the said condition on showing appropriate reasons. THOMAS P JOSEPH,JUDGE. pm