IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 Crl.MC.No. 2444 of 2008() ------------------------- CRIME NO.174/2007 OF KORATTY POLICE STATION .................... PETITIONER: PETITIONER/3RD ACCUSED: ----------------------------------- SABU, S/O.KASIM, KOLLAPADIKAL HOUSE, CHALAKUDY. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2444 of 2008 ---------------------------------------- Dated this the 7th day of July 2008 O R D E R The petitioner who faces allegations in a crime registered alleging offences punishable inter alia under Sections 398, 465 and 120B I.P.C was enlarged on bail as per the order passed by the learned Sessions Judge dated 16/11/2007. The petitioner continues in custody from 11/9/2007. Bail was granted subject to conditions. Inter alia the condition was imposed that the petitioner must execute a bond for Rs.50,000/- with two solvent sureties each for the like sum. It was further directed that the sureties must produce solvency certificates for the said amount. 2. The learned counsel for the petitioner submits that though the petitioner was granted bail as per order dated 16/11/2007, the onerous condition obliging him to produce solvency certificate for Rs.50,000/- for the two sureties has stood in the way so far against the petitioner taking advantage of the said order dated 16/11/2007. He has hence been continuing in custody from 11/9/2007 notwithstanding the order dated 16/11/2007 granting him bail. The learned counsel for the petitioner prays that leniency may be shown and the petitioner Crl.M.C.No.2444/08 2 may be directed to be released on bail on condition that he executes a bond for Rs.50,000/- ; but sureties may be permitted to produce solvency certificates for the value of Rs.20,000/-. 3. I have considered all the relevant inputs. Considering the fact that the petitioner has remained in custody from 11/9/2007 notwithstanding the order dated 16/11/2007 granting him bail, I accept the submissions of the learned counsel for the petitioner that the sureties can be accepted as sureties on condition that they produce solvency certificates to show that they are solvent to the tune of Rs.20,000/-. All other conditions shall remain in force. The bond must be for Rs.50,000/-. I take this view in the light of the fact that notwithstanding the order dated 16/11/2007, the petitioner has not been able to take advantage of the said order and get himself enlarged on bail. Earlier applications filed by him before the learned Sessions Judge and this court were dismissed as per orders dated 19/6/2008 and 11/1/2008. 4. This petition is allowed to the above extent. (R.BASANT, JUDGE) jsr Crl.M.C.No.2444/08 3 Crl.M.C.No.2444/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007