IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Crl.MC.No. 264 of 2009() ------------------------ AGAINST THE COMMON ORDER DATED 03/12/2008 IN 3558/08 & 3562/2008 AND C.M.P.NOS.3208/08, 3209/08 & 3210/08 IN CMP.3560/2008 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD CRIME NO.501/08 F PALAKKAD TOWN NORTH POLICE STATIN .................... PETITIONER(S): ACCUSED NOS. 2, 4 AND 1 --------------- 1. SHANMUGHAN.T.K., AGED 56 YEARS, S/O.KANDAN, THORIYIPARAMBU, VALLARPADAM, KULAVUKADU, ERNAKULAM. 2. JOI @ BABU, S/O.ANTHONI, AGED 39 YARS, VECHILAYATH, KORATTI, THRISSUR. 3. SREEDHARAN @ BABU, AGED 53 YEARS, S/O.ABDUL RAHIMAN, ULLATTILVEEDU, KUTTIKKATTUR DESOM, PERUMANNA VILLAGE, KOZHIKODE. BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/01/2009 ALONG WITH CRMC.NO.265 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.264 & 265 of 2009 ------------------------------------- Dated this the 19th day of January, 2009 ORDER Petitioners have been ordered to be released on bail subject to conditions as per a common order dated 03.12.08 and another order dated 18.11.08. The petitioner had come before this Court with a prayer to modify the conditions imposed. The petitioners are aggrieved by the condition that the sureties must produce solvency certificates or property documents. By order dated 16.01.09 in Crl.M.C.No.151 of 2009 allowing the request of the petitioners, it was directed that rigid insistence need not be made on production of solvency certificates or documents relating to immovable properties. It was directed that the learned Magistrate may accept any sureties, provided the learned Magistrate is satisfied that such sureties are solvent, sufficient and adequate. In this petition, the short prayer made by the petitioners is that the benefit of the said order may be extended to the petitioners in these cases also. 2. Notice has been given to the learned Public Prosecutor. The learned Public Prosecutor opposes the Crl.M.C. Nos.264 & 265 of 2009 2 application. Notwithstanding the opposition, I am satisfied that it is not necessary to rigidly insist on production of solvency certificates or documents relating to immovable properties by the sureties. They may produce any documents or materials before the learned Magistrate which can induce the requisite satisfaction in the mind of the learned Magistrate that sureties are solvent, sufficient and adequate and can be accepted. 3. These Crl.M.Cs are accordingly allowed to the above extent. (R.BASANT, JUDGE) rtr/-