IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Crl.MC.No. 2701 of 2008() ------------------------- CRIME NO.22/08 OF KUMBALA POLICE STATION CMP.2021/2008 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER: ACCUSED NO.3 ------------------------ ISMAIL SAMEER @ APPU, S/O.UMMER, HIDAYATH BAZAR, UPPALA GRAMAM. BY ADV. SRI.SOJAN MICHEAL SMT.JENCY MICHEAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2008, ALONG WITH CRMC NO. 2702 OF 2008 & 2703 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 2701, 2702 & 2703 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July, 2008 O R D E R The common petitioner in these cases has been granted bail in three crimes, all registered, inter alia, under Section 380 I.P.C. The petitioner is allegedly involved in many other crimes. He was granted bail by default as per the impugned orders passed by the learned C.J.M., Kasargode, on condition that he must execute a bond for Rs.10,000/- with two solvent sureties each for the like sum. There was also a direction that the sureties must produce solvency certificates. The impugned orders were passed on 30.4.2008. On that day the petitioner was remaining in custody for 78 days. The petitioner continues to be in custody even today as he has not been able to comply with the condition imposed that the sureties must produce solvency certificates. 2. The short prayer in these Crl.M.Cs. is that the said direction for production of solvency certificates may be dispensed with. The petitioner shall produce sureties to the Crl.M.C.Nos. 2701, 2702 & 2703 of 2008 2 satisfaction of the learned Magistrate. As the petitioner is remaining in custody, it became impossible for him to secure solvency certificate or sureties. The helpless plight of the petitioner may be taken into account and appropriate direction may be issued to modify the conditions. 3. Notice was given to the learned Prosecutor. The learned Prosecutor submits that the petitioner has a questionable history of criminal antecedents. In these circumstances imposition of appropriate conditions may be insisted to ensure that the petitioner is available for trial and he does not engage himself in similar culpable activities. Investigation in two of these three crimes are not yet complete, it is further submitted. 4. Having considered all the relevant inputs, I am satisfied that the conditions can be modified and revised. 5. These Crl.M.Cs. are accordingly allowed. The petitioner shall now be enlarged on bail on the following revised terms and conditions. Crl.M.C.Nos. 2701, 2702 & 2703 of 2008 3 (a) The petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate in each case. (b) He shall make himself available for interrogation before the Kumbala police on all Mondays and Fridays between 10 a.m. and 12 noon until further orders. © The petitioner shall not leave the Sessions Division of Kasargode until further orders without the prior permission of the learned Magistrate. (d) In the peculiar facts and circumstances of this case, the learned Magistrate must scrupulously ensure that the sureties offered are sufficient and solvent, though it need not be rigidly insisted that they must produce solvency certificates. (R. BASANT) Judge tm