IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 19TH MAY 2009 / 29TH VAISAKHA 1931 Crl.MC.No. 1589 of 2009() ------------------------- CRMP.885/2009 of SESSIONS COURT, KASARAGOD .................... PETITIONER(S): ACCUSED ---------------------- SHOUKATH SHAFI @ SHAFI, AGE 38/09, S/O. SHOUKATHALI, R/AT FIRTHOUZ, MAKATHUR, ATHIYANNUR VILLAGE, NEYYATINKARA TALUK, TRIVANDRUM, NOW R/AT MANGALORE, B.C. ROAD, GUDINABBALI, JABALPUR COMPLEX. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, KUMBALA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS, J. - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1589 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of May, 2009 O R D E R Heard both sides. This petition under Section 439(1)(b) Cr.P.C. is filed by the accused in Crime No. 61 of 2009 of Kumbala Police station. The offences alleged are under Sections 120(B), 420 r/w. 34 I.P.C. As per the order in Crl.M.P.No. 885 of 2009 dated 30.4.2009, Sessions Court, Kasargod granted bail to the petitioner on executing a bond for Rs.50,000/- with two solvent sureties having properties in the State of Kerala and one of them shall produce solvency certificate to show that he is solvent to. 2. The counsel for the petitioner submitted that the petitioner is not in a position to produce solvency certificate. Considering the facts and circumstances of the case, I am of the view that in the interest of justice the condition that one of the sureties shall produce solvency certificate to show that he is solvent to is to be deleted. CRMC 2 3. Hence this petition is allowed. The condition that one of the sureties shall produce solvency certificate is deleted from the order in Crl.M.P. 885 of 2009. (M.L. JOSEPH FRANCIS) Judge tm