IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Crl.MC.No. 4306 of 2008() ------------------------- CMP.777/2008 of CHIEF JUDICIAL MAGISTRATE, KALPETTA .................... PETITIONER(S): --------------- SAFFER @ SAFARUDHEEN AGED 49 YEARS, S/O.HAMZA, NADUVIL NALAKATHIL HOUSE, PONNANI P.O,CHERUVAYKKARA AMSOM, MALAPPURAM DISTRICT. BY ADV. SRI.NOUSHAD THOTTATHIL RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE VYTHIRI POLICE STATION, WAYANAD DISTRICT. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4306 of 2008 ---------------------------------------- Dated this the 18th day of November 2008 O R D E R The petitioner faces allegations in a crime registered under Section 379 I.P.C. He had allegedly committed theft of a vehicle parked in the premises of the quarters of the Secretary of Vythiri Grama Panchayath. The alleged incident took place on 07/11/2007. The petitioner was arrested on 27/11/2007. He had applied for bail and as per order dated 27/3/2008, he was granted bail subject to conditions. Inter alia the following condition was imposed as condition No.1. “The accused are granted bail on their executing a bond for Rs.50,000/- by each with two sureties who shall produce solvency certificate or the original title deed of their property to prove the solvency and the title deeds shall be deposited in court till disposal of the case.” 2. The petitioner claims to be aggrieved by the said condition. He is unable to secure sureties who are willing to satisfy the requirement of production of solvency certificates or the original title deeds. Because of such inability, the petitioner has been remaining in custody from 27/11/2007 notwithstanding Crl.M.C.No.4306/08 2 the fact that he was granted bail as per order dated 27/3/2008. In these circumstances, the learned counsel for the petitioner prays that the said condition No.1 may be modified and the obligation of the sureties to produce solvency certificates/original title deeds may be vacated. 3. The learned Public Prosecutor opposes the application vehemently. The learned Public Prosecutor reports that the petitioner is involved in several crimes relating to theft of vehicles. Seven crimes have already been registered in Kerala and five crimes in Tamil Nadu and the petitioner is an accused in all these crimes. Release of the petitioner without insisting on adequate conditions, which shall ensure the presence of the petitioner before the court and also avoid repetition of such crimes, would not be in the interests of justice. It is in these circumstances prays that the condition may not be modified. 4. Having considered all the relevant circumstances, I am of the opinion that the conditions imposed are perfectly justified, in the facts and circumstances of this case. Crl.M.C.No.4306/08 3 5. This Crl.M.C is in these circumstances dismissed. I may hasten to observe that the investigating officer must make every attempt to expeditiously complete the investigation, at any rate, within a period of sixty days from this date. If the final report is not filed within that period, the petitioner shall be at liberty thereafter to move the learned Magistrate for modification of the conditions of bail and if he is not successful there, approach this court again for the same. (R.BASANT, JUDGE) jsr Crl.M.C.No.4306/08 4 Crl.M.C.No.4306/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008