IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1614 of 2010()
1. SHOUKATHA ALI @ SHOUKATH, AGED 21 YEARS
... Petitioner
2. FAISAL, AGED 22 YEARS,
3. MUSTAFFA @ MARAKKAR, AGED 23 YEARS,
4. HABEEB, AGED 23 YEARS,
5. JAFER, AGED 22 YEARS,
6. ASSAINARA, AGED 24 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.K.P.SUDHEER
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :06/05/2010
O R D E R
THOMAS P JOSEPH, J.
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Crl.M.C.No.1614 of 2010
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Dated this 06th day of May, 2010
ORDER
Learned Public Prosecutor appears for respondent.
2. Petitioners are accused Nos.2 and 4 to 8 in Crime
No.220 of 2010 of Tirur Police Station for offences punishable
under sections 120B, 143, 146, 148, 427, 452 323, 324, 326 and
307 r/w 149 of the Penal Code. As per Annexure-A1, order in
Crl.M.C.No.388 of 2010 learned Sessions Judge, Manjeri granted
bail to the petitioners subject to conditions that petitioners
executed bond for Rs.25,000/- each with two sureties for the like
sum each. The condition that is impugned in this proceeding is to
deposit of Rs.5,000/- each by the petitioners and sureties. Learned
counsel, placing reliance on the decision in Jomon Vs. State of
Kerala (2010 (2) KLT 371) contends that it was not necessary to
impose a condition for deposit of amount when the presence of the
petitioners otherwise has been secured by appropriate conditions.
Learned Public Prosecutor submits that petitioner No.1/accused
No.2 is involved in several other cases as well.
3. Learned Additional Sessions Judge has not stated any
compelling reason for directing deposit of cash security along with
Crl.M.C.No.1614 of 2010
: 2 :
execution of bond as stated in Annexure-A1, order. It has come on
record that petitioner No.1 is accused in several other criminal
cases. Having regard to the facts and circumstances I am inclined
to think that deposit of cash security is not necessary. Hence that
condition is lifted. I however direct that one of the sureties shall be
a close relative of petitioner No.1/accused No.2.
The petition is allowed to the above extent.
(THOMAS P JOSEPH, JUDGE)
Sbna/-