IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Crl.MC.No. 1782 of 2009() ------------------------- CRMP.1436/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PATHANAMTHITTA .................... PETITIONER(S): PETITIONER: --------------------------------------------- AJI @ KARIOIL, AGED 31 YEARS, S/O. BHASKAR, LAKSHAM VEEDU COLONY, VAKAYAL, RESIDING FROM NEDIYAKALAYIL, KUMMANNOR. BY ADV. MR.AJITH KRISHNAN RESPONDENT(S): RESPONDENT: COUNTER PETITIONER: -------------------------------------------------------------------------------------- SUB INSPECTOR OF POLICE, KONNI POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1782 OF 2009 ------------------------------------------ Dated 5th June 2009 O R D E R Petitioner is the accused in Crime No.111/09 of Konny Police Station. Under Annexure-1 order dated 12/4/2009 in Crl.M.P.1436/09 he was granted bail under Section 167(2) of Code Criminal Procedure on the failure to file a final report within statutory period under Section 73(2) of Code of Criminal Procedure. While granting bail, he was directed to produce solvency certificate of sureties. This petition is filed under Section 482 of Code of Criminal Procedure to delete the said condition contending that petitioner is only a labourer residing in One Lakh Housing Colony and he is not in a position to produce sureties with solvency certificates and therefore the said condition is to be deleted. 2. Learned Public Prosecutor submitted that petitioner is involved in several other cases including murder, robbery and theft and even restriction order was passed under Kerala Anti CRMC 1782/09 2 Social Activities, 2007 and in such circumstances, learned Magistrate was justified in directing to produce solvency certificate of the sureties. 3. When an accused belonging to lower strata of society is directed to produce solvency certificate of the sureties to release him on bail, it may amount to virtually denial of bail as he may not be able to get sureties who can produce solvency certificate. When bail is granted to the petitioner he is entitled to enjoy the benefit. What is needed is an assurance that the accused will be available for the purpose of investigation and trial. Therefore, direction to produce solvency certificate of the sureties in Annexure-1 order is deleted. Instead it is provided that one of the sureties of the petitioner shall be his close relative like father, mother or brother and the other surety must produce sufficient material to the satisfaction of the learned Magistrate. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.