IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Crl.MC.No. 1418 of 2011() ------------------------------- (CRL. MA.NO.968/2011 IN S.C. NO.1798/2009 OF SESSION COURT, KOLLAM) ..... PETITIONER(S): 1ST ACCUSED ------------------------------------ BIJU, S/O. SATHYAN, VARAMBITTAVILA VEEDU, KALAKKODE CHERRY, POOTHAKULAM VILLAGE, PARAVUR, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PARAVUR POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P. Q. BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.M.C. No. 1418 of 2011 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 20th day of May, 2011 O R D E R This is a petition filed by the first accused in S.C.No.1798 of 2009 on the file of the Sessions Court, Kollam to lift a condition imposed by the Sessions Court to produce solvency certificates of two sureties for granting bail to him, as per order dated April, 16, 2011 in Crl.M.P. No.968/2011. 2. The allegation against the petitioner was that on July 26, 2008 at 5 p.m. he along with the second accused kidnapped a minor girl aged 17 and committed rape on her and thereby committed offences punishable under sections 366A and 376 read with section 34 IPC. 3. It is alleged in the petition that the while he was about to surrender before the learned Magistrate, police took him into custody. He filed bail application and the learned Sessions Judge granted bail, but directed him to produce solvency certificates of the sureties, that though he tried his CRMC 1418/2011 2 level best to get solvency certificates of the sureties, he was unable to get the same and therefore, the direction of the learned Sessions Judge in the impugned order directing him to produce the solvency certificates may be lifted. 4. Notice given to the Public Prosecutor. Heard both sides. 5. The petitioner was on bail during crime stage and he has submitted that he was unable to get the solvency certificates of sureties. In the facts and circumstances of the case, I am of the view that condition imposed by the learned Sessions Judge to produce solvency certificates of the sureties can be cancelled. 6. In the result, the condition of the learned Sessions Judge in the impugned order directing the petitioner to produce solvency certificates of the sureties is hereby cancelled. The petitioner shall execute the bond before the lower court within ten days from today. P.Q.BARKATH ALI, JUDGE . mn.