IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3219 of 2009()
1. SINTO, S/O.ANTO,
... Petitioner
2. LINEESH, S/O.STEPHEN,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.RENJITH B.MARAR
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :15/10/2009
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.3219 of 2009
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ORDER
Petitioners are accused 1 and 2 in 43 cases,
registered for the offences under Sections 379,
411, 413 and 414 read with Section 34 of Indian
Penal Code. As per Annexure-A1 common order,
Additional Sessions Judge, Thrissur granted bail to
the petitioners on conditions. First Condition was
that each of the petitioners along with two
sureties shall execute bond for Rs.25,000/- each.
The other condition was that if the sureties are
common, they shall produce tax receipt for payment
of tax for not less than Rs.100/- each. The third
condition was that each of the petitioners shall
deposit Rs.1,000/- in each case, as security
deposit, which will be retained till the disposal
of the cases as against them. This petition is
filed under Section 482 of Code of Criminal
Procedure to lift Condition Nos.2 and 3.
CRMC 3219/09 2
2. Learned counsel appearing for the petitioners
and learned Public Prosecutor were heard.
3. Learned counsel appearing for the petitioners
submitted that the condition to produce tax receipt
for payment of tax for not less than Rs.100/- each
is too onerous and petitioners may not get
sureties, who are paying tax at Rs.100/- or above
and therefore, the said condition is to be lifted.
It is also contended that there is no necessity to
make any security deposit as directed by the
learned Additional Sessions Judge and therefore,
the said condition is also to be lifted.
4. Learned Public Prosecutor submitted that
considering the fact that petitioners are involved
in 43 cases, Additional Sessions Judge was
justified in imposing the said conditions.
5. Considering the fact that petitioners are
accused in 43 cases, registered for the offences
under Sections 379, 411, 413 and 414 read with
Section 34 of Indian Penal Code, while granting
CRMC 3219/09 3
bail, learned Additional Sessions Judge thought
that if petitioners are to arrange common sureties,
the common sureties shall be sufficiently solvent
and it is for that reason why the learned
Additional Sessions Judge insisted that sureties
shall be in a position to produce tax receipt for
payment of tax for not less than Rs.100/- each. On
the facts and circumstances of the case, I find no
reason to modify that condition, except providing
that on the failure to produce such sureties,
petitioners are permitted to produce sureties along
with their solvency certificates. I do no find any
justification for the learned Additional Sessions
Judge directing the accused to make cash deposit of
Rs.1,000/- each as security. Hence, the said
condition is lifted.
Petition is disposed.
15th October, 2009 (M.Sasidharan Nambiar, Judge)
tkv