Shaji @ Sajim vs State Of Kerala Represented By … on 6 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 16 of 2009()


1. SHAJI @ SAJIM, S/O.SHAHUL HAMEED,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.  K.SHAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :06/01/2009

 O R D E R
                          R. BASANT, J.
            -------------------------------------------------
                    Crl.M.C. No. 16 of 2009
            -------------------------------------------------
          Dated this the 6th day of January, 2009

                               ORDER

The petitioner, who faces allegations in a crime

registered alleging offences punishable, inter alia, under

Secs.408 and 420 read with Sec.34 IPC and who has already

been arrested and was directed to be released on bail, has

come before this Court now with a grievance that the condition

imposed on him when he was ordered to be released on bail is

too onerous. He is unable to comply with the same with the

result he is languishing in prison from the date of his arrest ie.,

20/12/08. It is, in these circumstances, prayed that the

condition imposed on the petitioner may be modified.

2. The condition imposed by the learned Magistrate is

that the petitioner must execute a bond for Rs.10,000/- with

two solvent sureties each for the like sum. There is a further

Crl.M.C. No. 16 of 2009 -: 2 :-

direction that the sureties must produce the original documents

and deposit the same or they shall be Government servants not

below the rank of L.D.C. The petitioner is in prison. The

petitioner is unable to secure such sureties as insisted by the

learned Magistrate. In these circumstances, the petitioner is

obliged to continue in custody. Subject to any appropriate

conditions, the petitioner may be enlarged on bail modifying the

conditions already imposed. The learned counsel for the

petitioner submits that the petitioner is willing to deposit a cash

security of Rs.10,000/-.

3. Notice given and the learned Public Prosecutor does not

oppose the application. I am satisfied that the request of the

petitioner can be accepted.

4. In the result, this Crl.M.C. is allowed. The condition

imposed obliging the sureties to produce the original documents

or they being Government servants not below the rank of L.D.C.

is set aside. The petitioner shall be released on bail on condition

that he executes a bond for Rs.10,000/- with two solvent sureties

each for the like sum to the satisfaction of the learned

Magistrate. In addition he shall make a cash security deposit of

Crl.M.C. No. 16 of 2009 -: 3 :-

Rs.10,000/- before the learned Magistrate.

5. Hand over a copy of this order to the learned counsel for

the petitioner.

(R. BASANT, JUDGE)

Nan/