IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 Crl.MC.No. 785 of 2010() AGAINST THE ORDER DATED 04/02/2010 IN CMP.182/2010 IN OR.12/2009 (KARIMUTTY FOREST STATION) of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, DEVIKULAM .................... PETITIONER(S): ACCUSED: ----------------------------------------- 1. VELUSWAMY, S/O.CHINNAPPAN, ANNANAGAR STREET, KOILOR, JAMANAMATHOOR VILLAGE, POLAR TALUK, THIRUVANNAMALA DT., TAMIL NADU. 2. KUPENDRAN, S/O.CHINNAYYAN, ..DO..DO..DO.... 3. ANNADURAI, S/O.GOVINDAN, ..DO..DO..DO.... BY ADVS. MR.N.K.KARNIS, MR.SUMESH.S.KALARICKEL. RESPONDENT(S): COMPLAINT: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY RANGER, KARIMUTTY FOREST STATION, MARAYOOR, IDUKKI DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR. I.B. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/03/2010 ALONG WITH CRMC.NO.795 OF 2010, CRMC.NO. 913 OF 2010 AND CRMC.914 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.Nos.785, 795, 913 and 914 of 2010 -------------------------- COMMON ORDER Petitioners are the accused in O.R.Nos.12/2009, 17/2009, 1/2010 and 18/2009 of Karimutty Forest Station. They were granted bail by Judicial First Class Magistrate, Devikulam on conditions as per order in C.M.P.Nos.182/2010, 181/2010, 49/2010 and 184/2010 respectively. These petitions are filed under Section 482 of Code of Criminal Procedure to quash the condition, directing petitioners to deposit Rs.20,000/- each and also the condition that sureties shall produce their title deeds and tax receipts in original. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Argument of the learned counsel is that because of the stringent conditions, in spite of CRMC 785/10 & con. cases 2 the orders granting bail, petitioners are still in jail and in such circumstances, in the interest of justice, those conditions are to be modified. 4. Learned Public Prosecutor submitted that all the four cases were registered for committing forest offences in Chinnar Wild Life Sanctuary and learned Magistrate has imposed the conditions to ensure their presence for the purpose of investigation as well as trial and therefore, the conditions may not be modified. 5. Learned Magistrate was not justified, directing the accused to make cash deposit of Rs.20,000/- each, to release them on bail. Such a condition would only cause denial of bail granted, as persons, who are not financially affluent, will not be able to make cash deposit. In such circumstances, the condition to make cash deposit can only be lifted. So also, the condition that sureties shall produce their title deeds as well as tax receipts in original would also result in CRMC 785/10 & con. cases 3 denial of bail, as sureties may not be prepared to produce their title deeds, as that would prevent them from dealing with their properties. In such circumstances, interest of justice warrants that the said condition also be lifted, but making it clear that sureties shall be solvent sureties and at least one among them should be a close relative of the accused. Petitions are allowed. The condition in the orders granting bail, directing petitioners to make cash deposit of Rs.20,000/- is lifted. The other condition in the orders granting bail, directing the sureties to produce their title deeds and tax receipts in original is also lifted, providing that sureties shall be solvent to the satisfaction of the learned Magistrate and at least one of the sureties shall be a close relative of the petitioners/accused. 16th March, 2010 (M.Sasidharan Nambiar, Judge) tkv