IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Crl.MC.No. 2053 of 2008() ------------------------- CRMP.856/2008 of SESSIONS COURT, KALPETTA .................... PETITIONER: ------------ SOMAN, AGED 32 YEARS, S/O. KOLUMBAN PLAMMOLA ADIYA COLONY, THRISSILERY P.O. MANANTHAVADY TALUK. BY ADV. SRI.K.ANTONY JOSEPH RESPONDENT: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2053 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2008 O R D E R The petitioner faces allegations in a crime registered under the Kerala Abkari Act. He was arrested on 17.4.2008 and continues in custody from that date. He was granted regular bail by the learned Sessions Judge as per Annex.A1 order, subject to conditions. The conditions include a condition that the petitioner must make cash deposit of an amount of Rs.25,000/- by 21.5.2008. The petitioner is aggrieved by that condition only. Though the order was passed on 16.5.2008 the petitioner, who is said to be an Aadivasi, has not been able to raise the amount so far and consequently he languishes in the prison despite the order passed. The petitioner moved the learned Sessions Judge for modification of the condition, but the said prayer was rejected as the prayer it was said amounts to review of the earlier order. In these circumstances the petitioner has come before this Court with a prayer that the said condition may be deleted. Crl.M.C.No. 2053 of 2008 2 2. The allegation against the petitioner is only that he was found selling IMFL on 17.4.2008 at a public place. 3. Notice was given to the learned Prosecutor. The learned Prosecutor raises no serious objection. I am satisfied, in the facts and circumstances of this case, that the said condition regarding cash deposit of Rs.25,000/- can abe deleted. 4. This Crl.M.C. is allowed. The said condition is deleted. 5. Hand over the order. (R. BASANT) Judge tm