IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Crl.MC.No. 759 of 2010() ------------------------------------ CMP.NO.825 OF 2010 OF SESSIONS COURT, THODUPUZHA ... (CRIME NO.151 OF 2009 OF KATTAPPANA EXCISE RANGE) PETITIONER(S): ACCUSED NOS. 1 TO 3: ----------------------------------------------------------- 1. REJI JACOB, AGED 27 YEARS, S/O.CHACKO, THANNICKAL HOUSE, ANJILITHANAM KARA, KUNNAMTHANAM VILLAGE, MALLAPPALLY TALUK. 2. PREJITH, AGED 24 YEARS, VALIAMANNIL HOUSE, IYKUZHI KARA, KAVIYOOR VILLAGE, THIRUVALLA TALUK. 3. PRAKASH, AGED 24 YEARS, S/O.SASI, KOTTAPPURATH HOUSE, THEKKEKARA KARA, POONJAR THEKKEKARA VILLAGE, MEENACHIL TALUK. BY ADVS. MR.C.S.MANU, MR.S.K.PREMRAJ. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY TO THE GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, THROUGH THE EXCISE INSPECTOR, KATTAPPANA RANGE, KATTAPPANA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.759 OF 2010 ------------------------------------------ Dated 5th March 2010 O R D E R Petitioners are the accused in crime No.151/2009 of Kattappana Excise Range registered under Sections 8(1) and 8 (2) of Abkari Act. By Annexure-A1 order dated 1/3/2010, learned Sessions Judge, Thodupuzha granted bail to them on conditions. First condition was that petitioners shall execute a bond for Rs.1,00,000/- each with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate, Nedumkandom and sureties must produce solvency certificates. This petition is filed under Section 482 of Code of Criminal Procedure to modify the Crmc 759/10 2 condition to produce solvency certificate contending that as the petitioners are in custody, they cannot produce solvency certificate immediately and it will take time to get solvency certificate and therefore, it is not in the interest of justice to continue the detention till solvency certificate is produced. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioners submitted that if petitioners are released, they will produce solvency certificate of the sureties within one month and till then petitioners may be permitted to execute bond with solvent sureties to the satisfaction of the learned Magistrate on the undertaking that they will produce solvency Crmc 759/10 3 certificate of the sureties within one month. Learned Public Prosecutor has no case that Annexure-A1 order was challenged by the prosecution. In such circumstances, only question is whether condition to produce solvency certificate is to be modified. 4. Learned counsel appearing for the petitioners did not seek modification of the condition to produce solvency certificate as such and instead sought permission to produce solvency certificate within a period of one month and for providing that till then petitioners be released on executing bond by solvent sureties to the satisfaction of the learned Magistrate. On the facts, I find the submission is reasonable. Petition is disposed directing Judicial First Class Magistrate, Nedumkandom to release the petitioners on executing a bond for Crmc 759/10 4 Rs.1,00,000/- each with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate without insisting for the production of solvency certificate, but on submitting an undertaking that solvency certificate will be produced within a period of one month. It is made clear that sureties so produced must be solvent to the satisfaction of the learned Magistrate. Learned counsel submitted that as the certified copy of the order passed by Sessions Judge is produced as Annexure-A1, it may be returned to the petitioner. Return Annexure-A1 on substituting a photocopy. M.SASIDHARAN NAMBIAR, JUDGE. uj.