IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Crl.MC.No. 4715 of 2008() ------------------------------------ CMP.2740/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY .................... PETITIONER(S): --------------- P.RAJEENDRAN, S/O.KUNHAPPA NAIR, AREENA APARTMENTS, KADAVANTHRA, ERNAKULAM DISTRICT. BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENT(S): COMPLAINANT/ STATE ------------------------ . STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,(CRIME NO. 662/08 OF THALASSERY POLICE STATION). 2. STATION HOUSE OFFICER, THALASSERY POLICE STATION, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/12/2008, ALONG WITH CRMC. NO.4722 OF 2008 AND CONNECTED CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.Nos.4715,4722,4724, 4725,4726 & 4731 of 2008 ---------------------------------------- Dated this the 5th day of December 2008 O R D E R The common petitioner in these Crl.M.Cs faces allegations in different crimes, all registered inter alia under Section 420 I.P.C. The petitioner was arrested and produced on 03/11/2008. He was granted bail by identical orders subject to conditions. The petitioner is aggrieved by conditions 2 to 5 which I extract below: “2) The two sureies shall be near relations such as wife or direct brother or sister as the parents are reported to be no more. 3) The relationship shall be stated in the affidavit and documents also shall be produced to show the said relationship. 4) The accused shall deposit Rs.50,000/- in court. (In some orders lesser amounts are directed to be deposited) 5) Accused shall appear before investigation officer on all Thursdays between 10 a.m and 11 a.m.” 2. According to the petitioner, his relatives are not solvent enough. Therefore, he cannot get relative sureties who are solvent enough. He further submits that he is unable to comply with the direction to deposit amounts in cash as directed Crl.M.C.Nos.4715 & conn.cases 2 in all these orders. The learned counsel for the petitioner submits that though the petitioner has been granted bail, he is unable to comply with conditions 2 to 5 extracted above and hence he is continuing in custody even now. The learned counsel for the petitioner prays that a reasonable and realistic view may be taken and the petitioner may be directed to be released on condition that he executes bonds with two solvent sureties without insisting on the sureties being relatives and without insisting on deposit of amounts as cash security. 3. About condition No.5, the petitioner submits that he is already obliged to appear before the investigating officer in some other cases on all Thursdays and hence he is not in a position to comply with the said condition No.5. The learned counsel for the petitioner submits that the petitioner shall abide by condition Nos.1 and 6. 4. Notice was given to the learned Public Prosecutor. The prayer is not opposed. I am satisfied that considering all the relevant circumstances, conditions 2 to 5 extracted above can be modified. Crl.M.C.Nos.4715 & conn.cases 3 5. In the result, these petitions are allowed. Identical conditions 2 to 5 are set aside and it is directed that the accused shall appear before the investigating officer as and when directed by him in writing to do so. It is further directed that the petitioner shall, within a period of ten days from this date, furnish to the investigating officer the address of his place of residence and shall keep the investigating officer informed of change of address, if any, from time to time. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.Nos.4715 & conn.cases 4 Crl.M.C.Nos.4715 & conn.cases 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008