IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Crl.MC.No. 2469 of 2010() ------------------------- CRMP.1489/2010 of SESSIONS COURT, KOLLAM CP.76/2010 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONER: ACCUSED-A6 ------------------------- SALI, AGED 55 YEARS, S/O.ABDUL RAHMAN, SHYJA MANZIL,KARALIKONAM,ARKANNOOR MURI, ELAMAD VILLAGE,KOTTARAKKARA,KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------ Crl.M.C.No.2469 of 2010 ------------------------------------- Dated this the 7th day of July, 2010 ORDER Petitioner who is the sixth accused in Crime No.157/1992 of Kottarakkara Police Station for offences punishable under Sections 143, 147, 148, 294(b), 323, 448, 427 & 436 read with Section 149 I.P.C., seeks modification of the bail conditions imposed by the Sessions Judge, Kollam in the order dated 24/6/2010 in Crl.M.P.No.1489/2010. The matter is now pending before the Judicial Magistrate of the First Class-II, Kottarakkara in C.P.No.76/2010 as against the petitioner. 2. Admittedly the other accused in the case have been acquitted after trial. According to the petitioner he was working at Bombay and that was why the court below happened to show him as absconding. The learned Sessions Judge while granting bail to the petitioner imposed that the sureties should be the petitioner's close relatives and that they should prove their solvency before the Magistrate. 3. Having regard to the fact that the co-accused have been acquitted after trial, I do not think that insistence of Crl.M.C.No.2469/2010 : 2 : close relatives to be the sureties of the petitioner and insistence of solvency certificate from the sureties were uncalled for. The bail order is accordingly modified permitting the petitioner to execute a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the said amount to the satisfaction of the learned Magistrate. It is also made clear that the sureties need not be close relatives of the petitioner. This Criminal M.C. is disposed of as above. V.RAMKUMAR, JUDGE skj