IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 Crl.MC.No. 2921 of 2008() ------------------------- S.C.NO.220/08 of ADDL. SESSIONS COURT, MANJERI CRMP.1120/2008 of ADDL. SESSIONS COURT, MANJERI .................... PETITIONER: ------------ BINDU, W/O SURESH, ADIVARAM, PAZHANI DISTRICT, TAMIL NADU STATE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. C.K. SURESH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2921 of 2008 ------------------------------------------------- Dated this the 4th day of August, 2008 ORDER The petitioner – a woman, along with the co-accused, faces indictment in a prosecution under Sec.402 IPC. She was arrested and continues in custody from 12/4/08. She was directed to be enlarged on bail subject to conditions. Inter alia, it was directed that she must execute a bond for Rs.25,000/- with two solvent sureties. The learned Sessions Judge further observed that before granting bail to the petitioner, the petitioner has to produce certificates showing her identity issued by the competent authorities. The Judicial First Class Magistrate, it was directed, can ascertain the veracity and genuineness of those certificates by contacting the competent authorities by issuing letters. Till that stage, the accused need not be enlarged on bail, it was observed. Crl.M.C. No. 2921 of 2008 -: 2 :- The petitioner, who has a suckling child, is continuing in custody from the date of her arrest. Even though bail was granted as per the order dated 26/4/08, she is unable to take advantage of the said order in the light of the said condition imposed. The petitioner approached the learned Sessions Judge for modification of the said condition. The said condition was not modified and the prayer was rejected by the impugned order produced as Annexure-II. 2. The learned counsel for the petitioner now prays that the petitioner may be enlarged on bail without insisting on the latter condition of producing certificates showing her identity. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor, after taking instructions, submits that the State has no objection against the relaxation of the said condition. The petitioner may be directed to be released on bail on condition that the bond is executed with two solvent sureties for the like sum to the satisfaction of the learned Magistrate. The learned Magistrate may be directed to scrupulously consider the solvency and acceptability of the sureties. Other restrictions need not be imposed, submits the learned Public Prosecutor. 4. I am satisfied, in these circumstances, that this Crl.M.C. Crl.M.C. No. 2921 of 2008 -: 3 :- can be allowed and Condition (b) imposed on the petitioner as per the order dated 26/4/08 in Crl.M.C.No.475/08 can be deleted. I do so. The learned Magistrate, needless to say, must ensure that the sureties are sufficient and solvent. 5. The learned counsel for the petitioner submits that as the sureties would find it difficult to produce the title deeds, the sureties may be permitted to deposit an amount of Rs.25,000/- each in the name of the two sureties. The petitioner can make such request before the learned Magistrate. The learned Magistrate must consider the same. 6. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 2921 of 2008 -: 4 :-