IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 Crl.MC.No. 2485 of 2008() ------------------------- CRMP.11908/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR CRIME NO.209/06 OF ANTHIKKAD POLICE STATION, THRISSUR DISTRICT .................... PETITIONER: ACCUSED NOS 1 TO 3 ------------------------------ 1. AYYANAR @ KUMAR @ GURUMOORTHY, S/O.GOVINDASWAMY, BISWANATHAM, GUDDAPPALLY, AISWANATHAM VILLAGE, KUTTAM TALUK, CHITTOOR, ANDRAPRADESH. 2. RAMALINGAM, W/O.SANNYASI, HOLY FARM LAY OUT, SAMUNAHALLY. 3. SANKAR, N-19/07, S/O.KANNAN, MANGALAMPETTA, KATTU-PUTHUR, VILLUPURAM, TAMIL NADU. BY ADV. SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, ANTHIKKAD POLICE STATION, THRISSUR REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/07/2008, ALONG WITH CRMC NO. 2497 OF 2008 & CRMC NO.2500 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.2485, 2497 and 2500 of 2008 ------------------------------------- Dated this the 10th day of July, 2008 ORDER Petitioners who face allegations in these 3 crimes were enlarged on bail by the learned Magistrate subject to conditions. Inter alia, the condition is imposed that the petitioners must execute bonds for specified amounts with two solvent sureties each for the like sum. It is further directed that the sureties must produce solvency certificate to prove their solvency. In one case, the bond insisted is for Rs.5 lakhs. In the other two cases, bonds have been insisted for an amount of Rs.2 lakhs. The learned counsel for the petitioners submits that the petitioners have been languishing in prison from 10.10.07. The conditions imposed are too onerous. If insistence were rigidly made on complying with the said conditions, the petitioners will have to remain in prison until the investigation and the trial are completed. Investigation has not made much headway. In these circumstances, it is prayed that these petitions may be allowed and the said rigorous conditions imposed may be modified. 2. The learned Public Prosecutors oppose the application vehemently. They submit that the track record of the petitioners Crl.M.C. Nos.2485, 2497 and 2500 of 2008 2 does not permit the Court to show any indulgence. They are accused in as many as 13 identical cases. They are involved in bank robberies. They appear to have specialised in such serious crimes. They are not natives of Kerala. They belong to a group which comes to Kerala and commits the offences. Unless strict conditions are imposed, they are unlikely to be available for trial. They are likely to repeat the offence if released from custody. In a serious crime like this, Investigating Officers do need further time to complete the investigation. Merely the investigation has not been completed the conditions may not be watered down. These petitions may, in these circumstances, be dismissed, it is submitted. 3. I have considered all the relevant inputs. The conditions to be imposed while granting bail must necessarily have nexus and relationship to the facts and circumstances of each case. In the given facts and circumstances, I am not persuaded to agree that the conditions imposed are in any way improper, incorrect, unjust or unreasonable. I am satisfied that the learned Magistrate had alertly applied his mind and imposed conditions which are appropriate to the situation as perceived by the learned Magistrate. Crl.M.C. Nos.2485, 2497 and 2500 of 2008 3 4. These Crl.M.Cs are, in these circumstances, dismissed. The petitioners must try to comply with the conditions imposed. If final report is not filed by 10.10.08 and the petitioners are not able to take advantage of the impugned order, it shall be open to them to approach the learned Magistrate or superior courts to get the conditions modified. Evaluating the situation at that point of time, appropriate orders shall be passed by the Courts. I need only mention that I expect the Investigating Officer to complete the investigation as expeditiously as possible - at any rate, by 10.10.08. (R.BASANT, JUDGE) rtr/-