IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Crl.MC.No. 3543 of 2008() ------------------------- CRMP.8220/2008 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR CRIME NO.730/08 OF PUNALUR POLICE STATION .................... PETITIONER: ACCUSED ------------ SACHINDANANDAN JAYASEELAN S/O.DEVANESAN, DOOR NO.96/16 KAMBAM A.M. CHURCH STREET,UTHAMAPALAYAM TALUK THENI DISTRICT, TAMILNADU. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION , PUNALUR. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3543 of 2008 ------------------------------------- Dated this the 22nd day of September, 2008 ORDER After discussions at the Bar, the learned counsel for the petitioner only presses the contention that condition No.5 imposed on the petitioner, when he was granted bail, may now be deleted. 2. The petitioner faces allegations in a crime registered alleging the offences punishable, inter alia, under Sections 406 and 420 I.P.C. He was arrested and produced before the learned Magistrate. He was granted bail. He remains in judicial custody from 02.09.08. The conditions imposed, include, inter alia, a condition that the petitioner must produce documents to show that he is solvent to the extent of Rs.1 lakh. The counsel submits that the petitioner is unable to produce any such material. The counsel laments that the condition imposed is most unreasonable and perverse. What is to take place when an accused person is not solvent to the extent of the amount ordered by the learned Magistrate, laments the learned counsel for the petitioner. Is such a person to remain in custody until he becomes solvent to that extent, argues counsel. Crl.M.C. No.3543 of 2008 2 3. I find merit in that argument. The condition imposed does appear to me to be totally unreasonable and grossly erroneous. The said condition can now be deleted. I do note that already conditions have been imposed that the accused must execute a bond from Rs.1 lakh with two solvent sureties each for the like sum. There is also a condition that an amount of Rs.20,000/- must deposit as cash security. In the light of these circumstances, at any rate, condition No.5 referred above, does appear to me to be totally unnecessary. 4. In the result, this Crl.M.C is allowed. The said condition No.5 is deleted. 5. Hand over a copy of this order to the learned counsel for the petitioner, who submits that the petitioner even now continues in custody because of his inability to comply with the said condition. (R.BASANT, JUDGE) rtr/-