IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 Crl.MC.No. 857 of 2011() ---------------------------------- CRIME NO.591/2010 OF MANNARCADU POLICE STATION, KOTTAYAM DISTRICT .................... PETITIONER(S): ACCUSED --------------------------------------- THOMSON, AGED 52 YEARS, S/O. THOMAS, ERINJERILTHATTIL HOUSE, OLLOOR VILLAGE, THRISSUR. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, MANNARCADU POLICE STATION, KOTTAYAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI,K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.857 of 2011 -------------------------------------- Dated this the 28th day of March, 2011. ORDER Petitioner is accused in Crime No.591 of 2010 of Manarcadu Police Station for offences punishable under Section 420 and 494 of the Indian Penal Code. Allegation is that petitioner underwent some ceremony of marriage with the defacto complainant making her believe that she is being legally wedded, on that make belief he subjected her to sexual intercourse and committed the said offences. Learned Judicial First Class Magistrate-III, Kottayam granted bail to the petitioner on 02.02.2011 subject to conditions. Apart from executing bond petitioner was directed to deposit `.20,000/- in cash before court. That direction is under challenge. Learned counsel submits that petitioner is not able to deposit the amount and that a deposit is not necessary since he has been directed to execute bond with two solvent sureties for `.25,000/-. I have heard learned Public Prosecutor also. 2. Learned Magistrate having directed petitioner to execute bond for `.25,000/- with two solvent sureties for the like sum I do not consider that it was necessary to direct petitioner to deposit a further sum of `.20,000/- (in addition to the condition to execute bond). Hence that condition is liable to the lifted. Crl.MC No.857/2011 2 Resultantly this petition is allowed to the extent that the condition imposed by learned Judicial First Class Magistrate-II, Kottayam in the order dated February 2, 2011 directing petitioner to deposit `.20,000/- (Rupees Twenty thousand only) in court is lifted. All other conditions imposed by the learned Magistrate will remain in force. THOMAS P.JOSEPH, Judge. cks