IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4839 of 2008() ------------------------- CRIME NO.196/2008 of EDAKKAD POLICE STATION .................... PETITIONER(S): ACCUSED ---------------------- SIRAJ P.K. AGED 27 YEARS, UCHUMMAL HOUSE, KULAM BAZAAR, MUZHAPILANGAD, AMSOM. BY ADV. SMT.K.K.CHANDRALEKHA RESPONDENT(S): COMPLAINANT-STATE -------------------------------- STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICE, EDAKKAD POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4839 of 2008 ---------------------------------------- Dated this the 17th day of December 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable inter alia under Section 380 I.P.C. Altogether there are two accused persons. The petitioner is the 2nd accused. He was arrested on 28/8/2008. He was granted bail as per the impugned order dated 03/10/2008. He was directed to execute a bond for Rs.10,000/- with two solvent sureties each for the like sum. The petitioner is aggrieved by the further conditions imposed that the sureties must produce solvency certificates. This condition is too onerous. The petitioner does not have any sureties who can readily produce the solvency certificates. Because of the onerous nature of the condition imposed, the petitioner has been constrained to remain in custody even now, notwithstanding the fact that he continues in custody from 28/8/2008. The petitioner has only two cases against him and in these circumstances the onerous condition imposed may be modified and the learned Magistrate may be directed to accept the sureties if they are found to be otherwise Crl.M.C.No.4839/08 2 solvent, adequate and sufficient. The ritualistic insistence on production of solvency certificates may not be made, it is prayed. Because of such a condition, the petitioner is constrained to languish in prison notwithstanding the fact that he has been remaining in custody from 28/8/2008 and has been granted bail as per the order dated 03/10/2008. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that there are two similar cases against the petitioner in which he is allegedly associated with the 1st accused who has many other cases also to his credit. As per the instructions received, the petitioner is an accused only in two cases, it is submitted. 3. Having considered all the relevant circumstances including the fact that the final report has already been filed and that the petitioner has been remaining in custody from 28/8/2008 notwithstanding the fact that he was granted bail as per the impugned order dated 03/10/2008, I am satisfied that a lenient view can be taken and the said condition imposed can be modified. Crl.M.C.No.4839/08 3 4. In the result, a) This petition is allowed in part. b) The conditions imposed are modified. It is directed that the petitioner shall be released on bail on condition that he executes a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. c) It is further observed that ritualistic insistence on production of solvency certificates need not be made and the sureties can be accepted if the court is satisfied about their sufficiency and solvency. d) The petitioner shall report to the investigating officer between 5 p.m and 6 p.m on all Sundays until the case against him is finally disposed of. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.4839/08 4 Crl.M.C.No.4839/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008