IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3841 of 2010()
1. LAIJU @ BASI , AGED 26 YEARS
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :27/09/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.3841 of 2010
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ORDER
By Annexure-A1 order dated 9.9.2010, Sessions
Judge, Kollam granted bail to the petitioner, the
accused in Crime No.1/2010 of Excise Enforcement and
Anti Narcotic Special Squad, Kollam, registered for the
offence under Section 22(c) of Narcotic Drugs and
Psychotropic Substances Act on the allegation that
petitioner was found in possession of 26 ampules of
Buprenorphine, on conditions. One of the conditions was
to execute a bond for Rs.50,000/- with two solvent
sureties each for the like sum with a further direction
that sureties shall produce solvency certificates. This
petition is filed under Section 482 of Code of Criminal
Procedure contending that petitioner is not in a
position to produce sureties with solvency certificates
and in such circumstances, the said condition is to be
modified.
2. Learned Public Prosecutor submitted that it was
considering the age of the petitioner, learned Sessions
Judge directed the sureties to produce solvency
CRMC 3841/10 2
certificates.
3. When a bond is to be executed for releasing the
accused, what is to be assured is the availability of
the accused for the purpose of investigation and trial.
It is not mandatory that sureties shall produce
solvency certificates in each case. In some cases, the
direction to produce solvency certificates by the
sureties may operate as denial of bail because an
accused, who is not having good financial condition,
may not be in a position to comply with the condition.
Therefore, the direction to produce solvency
certificates by the sureties, without showing the
reason for doing so is illegal.
Petition is allowed. The condition in Annexure-A1
order directing to produce solvency certificates by the
sureties is modified as follows:
The sureties shall be solvents to the satisfaction
of Sessions Judge, Kollam and it is for the sureties to
produce sufficient materials to satisfy that they are
solvents.
27th September, 2010 (M.Sasidharan Nambiar, Judge)
tkv