IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 Crl.MC.No. 2057 of 2008() ------------------------- CRL.M.P.NO.865/08 OF SESSIONS COURT, WAYANAD PETITIONER: PETITIONER/2ND ACCUSED ---------------------------------- THANKACHAN, S/O.THOMAS, AGED 41 YEARS, PERIKKALLOOR, PULPALLY AMSOM, WAYANAND DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, PULPALLY POLICE STATION, REP. BY 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 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2057 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of May, 2008 O R D E R The petitioner is the accused in a crime registered alleging offences punishable, inter alia, under the Kerala Abkari Act. He was allegedly found to be in possession of 25 x 375 ml. + 750 ml. of IMFL/wine. The petitioner was arrested on 7.5.2008. He was granted bail by the learned Sessions Judge as per Annex.A1 order, subject to conditions. The conditions include a condition that the petitioner must make cash deposit of an amount of Rs.25,000/- by 24.5.2008 in addition to execute a bond for Rs.50,000/- with two solvent sureties each for the like sum. The petitioner is a driver by profession. The contraband article was allegedly being transported in his autorikshaw. 2. According to the petitioner he is absolutely innocent. Though the order was passed on 20.5.2008, the onerous condition imposed that he must make a cash deposit of Res.25,000/- is working to his prejudice. He has not been able Crl.M.C.No. 2057 of 2008 2 to raise the amount so far and consequently he languishes in the prison despite the order passed. It is pointed out that though later an application was filed for modification of the condition, the said prayer was rejected. In these circumstances the petitioner has come before this Court with a prayer that the said condition may be deleted. 3. The learned counsel for the petitioner prays, the learned Prosecutor does not raise any serious objection and I am satisfied, in the facts and circumstances of this case, that the said condition regarding cash deposit of Rs.25,000/- can be deleted. 4. This Crl.M.C. is allowed. The said condition is deleted. All other conditions shall remain in force. 5. Hand over the order. (R. BASANT) Judge tm