IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Crl.MC.No. 128 of 2009() --------------------------------- ORDER IN CMP. 4398/08 IN CRIME NO.95/08 DT. 17.10.08 & ORDER IN CMP. 4093/08 OF SESSIONS COURT, THALASSERY. .......... PETITIONER(S): IST ACCUSED (UNDER CUSTODY) ----------------------- K.V.SUJOY, AGED 37, S/O.GOVINDAN, IRIKKUR AMSOM, AYIPUZHA, KANNUR. BY ADV. SRI.K.S.MADHUSOODANAN RESPONDENT(S): FORMAL PARTY/COMPLAINANT ---------------------------- 1. STATE OF KERALA TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O. KANNAPURAM POLICE STATION, KANNUR. PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2009, ALONG WITH CRMC NO.146 & 202 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.Nos.128,146 & 202 of 2009 ---------------------------------------- Dated this the 15th day of January 2009 O R D E R The common petitioner in these three cases has come before this court complaining about a direction for deposit of cash security as condition for release on bail. The petitioner faces allegations in as many as seven crimes all under Section 379 I.P.C. The petitioner applied for bail and the learned Magistrate granted bail subject to conditions including the condition that amounts must be deposited as cash security by the sureties. Bonds are to be executed with two solvent sureties and each such surety is directed to deposit amounts. In one case, the amount ordered to be deposited was Rs.10,000/-. The court of Session has reduced the same to Rs.8,000/-. In six other cases, the amount which each surety has been directed to deposit was Rs.20,000/- and the Sessions Court has reduced the same to Rs.15,000/-. 2. The petitioner remains in custody from 14/6/2008. The impugned orders were passed long earlier; but though Crl.M.C.Nos.128,146 and 202 of 2009 2 under the impugned orders the petitioner has been granted bail, he is unable to avail the benefits of that order because of the onerous nature of the conditions imposed. The petitioner is in prison. He has been asked to get two sureties in each case who shall be willing to pay such huge amounts - Rs.8,000/- in one case and Rs.15,000/- in other six cases. The petitioner, now in prison, cannot get such sureties who are in a position to make such huge deposit of cash security. Virtually bail has been denied to him. The petitioner, who hails from the economically weaker section of the community, will never be able to comply with the condition and avail the benefit of the bail order. In these circumstances, the learned counsel for the petitioner prays that the directions in the impugned modified orders that the petitioner must make cash deposit may be set aside. The petitioner may be permitted to be released on bail subject to any reasonable terms and conditions. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor only submits that appropriate orders may be passed; but it may be ensured that the petitioner shall be available for trial and shall not repeat the offence during Crl.M.C.Nos.128,146 and 202 of 2009 3 the pendency of the proceedings. 4. Having considered all the relevant circumstances, I am satisfied that the prayer of the petitioner deserves to be considered sympathetically and the condition of cash deposit by the sureties can be deleted. 5. In the result, these petitions are allowed. In all these seven cases, the petitioner shall be released on bail on the following terms and conditions: i) He shall be released on bail on condition that he executes bonds as directed by the learned Magistrate with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The learned Magistrate, I clarify, need not insist on deposit of cash security by the sureties. The sureties can be accepted if the learned Magistrate is satisfied otherwise about their solvency and sufficiency. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) Crl.M.C.Nos.128,146 and 202 of 2009 4 jsr Crl.M.C.Nos.128,146 and 202 of 2009 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008 Crl.M.C.Nos.128,146 and 202 of 2009 7 The learned counsel for the petitioner prays that these Crl.M.Cs may be called on 15/01/2009 as the petitioner has filed two more identical petitions seeking identical relief. Call on 15/01/2009.