IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Crl.MC.No. 3366 of 2008 ---------------------------------- CMP.5296/2008 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-I, TRIVANDRUM .................... PETITIONERS/ PETITIONERS: ------------------------------------------ 1. SUMATHY, D/O. POOCHAMMAL, CHOOLOOR STREET, COIMBATORE. 2. VASANTHI, D/O. GOURI, CHOOLOOR STREET, COIMBATORE. BY ADV. SRI.THALIYAL R.GOPAKUMAR. RESPONDENT/ STATE/ ACCUSED: ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3366 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of September, 2008 O R D E R The petitioners, who face allegations in a crime registered under Section 379 I.P.C. and who have remained in custody from 4.7.2008, were ordered to be released on bail by the learned Magistrate as per order dt. 18.7.2008 subject to conditions. The conditions include the condition that the petitioners must produce photo identity cards issued by any competent government authority. There is, of course, a further condition that they must execute bonds with two sureties and the sureties must produce the original title deeds. The petitioners are aggrieved by the condition that photo identity cards issued by a competent government authority must be produced. They are women. They are in custody. They do not have photo identity cards readily available with them. It will be difficult for them while continuing in custody to get such photo identity cards. In these circumstances the short prayer is that the insistence of Crl.M.C.No. 3366 of 2008 2 photo identity cards may not be made and the petitioners, who have remained in custody from 4.7.08 notwithstanding the order granting bail dt.18.7.08 may be enabled to take advantage of the order and be released from custody. 2. Notice was given to the learned Prosecutor, who submits that the court below was obliged to impose such conditions in the facts and circumstances of the case, where the petitioners are shown to be gypsy ladies without any permanent abode. I take note of the fact that notwithstanding the order granting bail the petitioners have remained in custody from 4.7.2008. I am satisfied that the interests of justice shall be best served by setting aside the condition insisting on production of photo identity cards for the petitioners. Appropriate safeguards can be insisted. 3. In the result: a) This Crl.M.C. is allowed. b) In supersession of the conditions imposed on the petitioners by the learned Magistrate the petitioners are directed to be released on bail on the following terms and conditions. Crl.M.C.No. 3366 of 2008 3 i) They shall execute bonds for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The sureties shall produce their original title deeds before the learned Magistrate. iii) The petitioners shall not leave the Sessions Division of Trivandrum until further orders, without the prior permission of the learned Magistrate. iv) They shall make themselves available for interrogation before the Investigating Officer between 10 a.m. And 12 noon on all Mondays and Fridays till the filing of the final report. 4. Hand over the order. (R. BASANT) Judge tm