IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1841 of 2007()
1. BIJU
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.P.V.GEORGE(PUTHIYIDAM)
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :07/06/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 1841 of 2007
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Dated this the 7th day of June, 2007
O R D E R
The petitioner is the second accused in a prosecution under
Section 379 r/w. 34 I.P.C. He remains in custody from 26.5.2007.
His application for bail was allowed by the learned Sessions Judge as
per Annex.A order subject to conditions. It was directed that he must
execute a bond for Rs.15,000/- with two solvent sureties, of which
one shall produce a solvency certificate. The petitioner claims to be
aggrieved by this condition in Annex.A order.
2. To save time, the petitioner appeared before the learned
Magistrate and offered that one surety shall deposit the amount of
Rs.15,000/- so that the said condition of production of solvency
certificate may be dispensed with. The learned Magistrate, by the
impugned order, a copy of which is produced as Annex.B, took the
view that in view of the specific directions of the Sessions Court, the
Magistrate cannot accept the deposit in lieu of the solvency
certificate.
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3. The learned counsel for the petitioner submits that Annex.A or B
or both may be set aside and there may be a direction to the learned
Magistrate to receive the amount of Rs.15,000/- which one of the sureties
has offered to deposit and dispense with the condition of production of
solvency certificate by him.
4. I reckon the request by the learned counsel for the petitioner as
most reasonable and genuine. Obviously the learned Sessions Judge has
imposed the condition that one of the sureties must produce solvency
certificate to be doubly assured that at least one of them is solvent. If that
person offers to deposit Rs.15,000/- there can be no rhyme, reason or logic
in insisting that he must produce the solvency certificate itself.
5. Be that as it may, I am satisfied that interests of justice will be
served eminently by directing that if one of the sureties deposits an amount
of Rs.15,000- it shall be reckoned as equal or better than his production of
solvency certificate and the learned Magistrate shall permit the surety to
execute the bond.
6. This Crl.M.C. is accordingly allowed. The above directions are
issued.
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7. Hand over copy of the order to the learned counsel for the
petitioner forthwith as the petitioner is found to be in custody from
26.5.2007.
(R. BASANT)
Judge
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