IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Crl.MC.No. 3695 of 2008 ------------------------- AGAINST THE ORDER DATED 25/09/2008 IN OR.4/2008 IN CMP.4846/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER: ACCUSED NO.4 -------------------------------- NOUSHAD, S/O. SYED MOHAMMED, KURIAPPULLY HOUSE, MATHILAKAM, THRISSUR. BY ADV. SRI.A.C.DEVY RESPONDENT: COMPLAINANT -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2008, HE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3695 OF 2008 ----------------------------------------------- Dated this the 6th day of October, 2008 O R D E R The petitioner, who was arrested on 16.08.08, in whose favour an order granting bail dated 25.09.08 has been passed subject to conditions and who remains in custody even now, consequent to his inability to comply with the condition that both sureties must produce solvency certificates straightaway, has come before this Court with this petition to delete the said condition that both sureties should produce solvency certificates. 2. Petitioner is said to be a driver who was driving the vehicle in which the co-accused carrying counterfeit currency notes were available. The learned counsel for the petitioner submits that insistence of production of solvency certificates by both sureties and that too before the date of release of the petitioner is working out great prejudice and hardship to the petitioner obliging him to continue in custody, notwithstanding the order granting bail in his favour. After discussions at the Bar, learned counsel for the petitioner submits that the petitioner can ensure that one surety produces solvency certificate within a period of 60 days from the date of his release. Accepting the bonafides of the petitioner, he Crl.M.C. No. 3695 OF 2008 2 may be directed to be released subject to appropriate safeguards, submits the counsel. The application is not very seriously opposed by the Standing Counsel for the respondent. I am satisfied in the peculiar facts and circumstances of this case that the said condition No.1 that both sureties should produce solvency certificates can be modified. In the result: a) This petition is allowed in part. b) The condition that both sureties must produce solvency certificate straightaway is modified. c) It is directed that one of the sureties alone need to produce solvency certificate. If the sureties are otherwise found to be satisfactory and acceptable, the learned Magistrate shall grant the petitioner time to produce solvency certificate of one surety within a period of 60 days from the date of his release. He shall then be permitted to execute fresh bond with such sureties. R. BASANT, JUDGE ttb Crl.M.C. No. 3695 OF 2008 3 Crl.M.C. No. 3695 OF 2008 4 Crl.M.C. No. 3695 OF 2008 5