IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 Crl.MC.No. 4376 of 2010() ----------------------------------- ( ORDER IN CRL.M.P.NO.618/2010 IN S.C.NO.465/2007 OF THE ADDITIONAL SESSIONS COURT, NORTH PARAVOOR, CRIME NO. 85/2003 OF THE KALADY POLICE STATION) ------------------------ PETITIONER(S): 4TH ACCUSED: --------------------------------------------- BENOY JOSE, S/O.JOSE, THOTTAKKARA HOUSE, KOTTAMAM-NEELEESWARAM, KALADY, ERNAKULAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE: ------------------------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KALADY POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4376 OF 2010 =========================== Dated this the 2nd day of November,2010 ORDER By Annexure A order in Crl.M.P.618/2010 Additional Sessions Judge, North Paravoor granted bail to the petitioner on conditions. The second condition is that sureties shall produce the solvency certificate from competent authority within 45 days. First condition was that a bond shall be executed with two solvent sureties for Rs.2,00,000/- each. This petition is filed under section 482 of Code of Criminal Procedure to quash the condition directing the sureties to produce solvency certificate for Rs.2,00,000/-. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The final report has already been Crl.M.C.4376/2010 2 submitted and the case is now pending before the Sessions Court. It is in such circumstances, the bail was granted. What is now to be assured is the presence of the petitioner for the purpose of trial. I do not find that for that purpose, a direction to the sureties to produce solvency certificates, and that too for Rs.2,00,000/- is justifiable. If the learned Sessions Judge is satisfied about the solvency of the sureties by any other means, it is not necessary to insist for production of the solvency certificates. Petition is allowed. Condition No.2 in Annexure A order is deleted making it clear that it is for the learned Sessions Judge to satisfy the solvency of the sureties, without insisting for production of the solvency certificates. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006