IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Crl.MC.No. 3848 of 2009(A) -------------------------------------- (CRIME NOS.267/2009, 269/2009, 296/2009, 297/2009, 298/2009, 299/2009, 300/2009, 301/2009 & 302/2009 OF KOLLAM WEST POLICE STATION) .................... PETITIONER/ACCUSED: ---------------------------------- BINOY @ KOCHU BIJU, S/O. FRANCIS, AGED 30 YEARS, BINOY BHAVANAM, PUTHENTHOPPIL, VETTUTHARA MASALIYAR ROAD,NEENDAKARA CHERRI, NEENDAKARA VILLAGE, KOLLAM DISTRICT. BY ADVS. MR SIJU KAMALASANAN, MR.MUHAMMED RAFI. RESPONDENT/COMPLAINANT & STATE: ---------------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ---------------------------------------- Crl.M.C.No.3848 of 2009 ---------------------------------------- Dated this the 16th day of December, 2009 ORDER Petitioner is the second accused in Crime No.267/2009, first accused in Crime No.269/2009, second accused in Crime No.296/2009, 297/2009, 298/2009, first accused in Crime No.299/2009, 300/2009, second accused in Crime No.301/2009 and 4th accused in Crime No.302/2009 registered for the offences under Section 379 read with Section 34 of Indian Penal Code. In crimes offence are under Section 468 of Indian Penal Code are also alleged. By Annexure-A2 to A10 orders, Judicial First Class Magistrate, Kollam granted bail to the petitioner in all the cases on conditions. He was directed to execute a bond for Rs.25,000/- each with two solvent sureties for the like sum with a direction that solvency certificates of the sureties shall be produced. The petitioner challenged the said condition in Crime No.301/2009, 296/2009, 298/2009 and 302/2009 before Sessions Court, Kollam. By Annexure-II order those petitions were dismissed. This petition is filed to modify the said conditions contending that even though bail was granted as early as 10.6.2009, petitioner 2 on his failure to produce sureties with insolvency certificates is still under detention. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. As is clear from Annexure-A2 to A10 orders the conditions directing the petitioner to produce sureties with solvency certificates were passed by the learned Magistrate and found justifiable by the learned Sessions Judge, for the sole reason that petitioner is involved in several cases of theft and therefore, to procure presence of the petitioner the said condition is necessary. There is force in the submission of the learned counsel appearing for the petitioner that because of the said condition petitioner is unable to enjoy the benefit of bail granted by the learned Magistrate. What is to be assured while releasing the accused on bail, is that he should be made available for investigation as well as trial and shall not be allowed to tamper with the evidence by either threatening or inducing the witnesses. I do not find that by directing the sureties to produce solvency certificates, these assurance could be guaranteed. In 3 such circumstances, the condition Annexure A2 to A10 orders directing petitioner to produce solvency certificates of the sureties is lifted making it clear that atleast one of the sureties must be a close relative of the petitioner like his parents, grand parents or siblings. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR, JUDGE cms