IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 Crl.MC.No. 4625 of 2008() ------------------------- CMP.8030/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM CRIME NO.899 OF 2008 OF KOTTIYAM POLICE STATION .................... PETITIONER(S): 1ST AND 2ND ACCUSED ---------------------- 1. PARVEEN KUMAR S/O.LEKSHMI MANDAL SULHA BAJAR SUPPOL DISTRICT,BIHAR STATE 2. SUSEEL KUMAR JHA,S/O.NAGESWAR JHA REHNAPUR VILLAGE,-DO- -DO- BY ADV. SRI.VINOJ RAJAN SRI.THIRUMALA P.K.MANI RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, KOTTIYAM PLICE STATION,KOLLAM. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4625 of 2008 ------------------------------------- Dated this the 2nd day of December, 2008 ORDER Petitioners have come to this Court aggrieved by the conditions of bail imposed on them by the court below. They face allegations in a crime alleging the offence punishable under Section 401 I.P.C. The crux of the allegations against them is that they were found under suspicious circumstances unable to account for their presence. The petitioners were arrested on 14.11.08. They continue in custody from that date. By order dated 20.11.08, they have been enlarged on bail subject to conditions. Inter alia the condition is imposed that the petitioners must execute bonds for Rs.20,000/- with two solvent sureties each for the like sum. 2. According to the petitioners, they are absolutely innocent. They are manual workers who have been brought from Bihar for employment here by agents. They are working here. Except their colleagues who are identically placed, they will not be able to offer anyone else as sureties. Insistence on two solvent sureties for Rs.20,000/- is so oppressively unfair that the petitioners are really having no chance of getting release from Crl.M.C. No.4625 of 2008 2 custody. Considering the nature of the offence alleged against them and their unfortunate position in life, this Court may take a lenient view and direct release of the petitioners subject to any reasonable conditions. The petitioners shall execute bonds and make themselves available for interrogation or reporting whenever necessary. Conditions may be modified so that the petitioners have a real opportunity to get themselves enlarged on bail. The counsel particularly points out that there are no circumstances to attract the ingredients of the offence punishable under Section 401 I.P.C. 3. I have considered all the relevant inputs. I have heard the learned Public Prosecutor also. I am satisfied that the petitioners can be granted bail subject to appropriate modified conditions. The learned Public Prosecutor reports that the investigation is already complete and the final report has already been filed also. All the relevant circumstances including the nature of the allegations against the petitioners as also their position in life have been taken into consideration by me. I have also taken note of the submission that the investigation is complete. The only requirement now is that it must be ensured that the petitioners are available for trial. Crl.M.C. No.4625 of 2008 3 4. In the result: a) This Crl.M.C is allowed; b) In modification of the conditions imposed on the petitioners, it is directed that they shall be released on bail on the following terms and conditions: i) Each of them shall execute bonds for Rs.20,00/- (Rupees Twenty thousand only) with two sureties; ii) It is not necessary for the court to insist on the sureties producing any other certificate. It shall be sufficient if the petitioners and their sureties deposit an amount of Rs.2,000/- (Rupees Two thousand only) each as cash security; iii) Until the case again the petitioners are disposed of, they shall not leave the Sessions Division of Kollam; iv) They shall report before the Station House Officer, Kottiyam Police Station between 5 p.m and 6 p.m on all Sundays until the case against them is finally disposed of. (R.BASANT, JUDGE) rtr/-