Elbin vs State Of Kerala on 14 August, 2009

Kerala High Court
Elbin vs State Of Kerala on 14 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2548 of 2009()


1. ELBIN, S/O.DEVASSY @ BABU
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.RAJIT

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :14/08/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.

              ------------------------------------------
               CRL.M.C.NO.2548 OF 2009
              ------------------------------------------

              Dated       14th     August       2009


                           O R D E R

Petitioner, the second accused in crime

No.447/2008 of Aluva police station registered for the

offence under Sections 120B and 395 of Indian Penal

Code was granted statutory bail under Annexure-A order

by Judicial First Class Magistrate, Aluva on

conditions. One condition is to deposit Rs.10,000/-

before the court. This petition is filed to quash that

condition contending that petitioner is not in a

position to make the deposit because of his

financial conditions and by imposing such a condition

statutory bail cannot be rejected in disguise.

2. Learned counsel appearing for petitioner

and learned Public Prosecutor were heard.

3. Learned Public Prosecutor did not point

out any special reason for directing the accused to

deposit Rs.10,000/- to avail bail except the gravity

of the offence. When bail is granted to the accused,

he should be able to enjoy the bail. Conditions

CRMC 2548/09
2

which cannot fulfill by the accused cannot be imposed.

Poverty is not a sin. If accused is not in a position

to deposit the amount, he shall not be denued the

bail. So also, a person who is of sound financial

position shall not have the advantage of the bail

because of his financial capacity. What is to be

assured is that accused, who is granted bail, should be

available for investigation and for trial and shall not

induce, threaten or influence the witnesses from

disclosing matters or facts personally known to them to

the investigating officer or to the court. Deposit of

Rs.10,000/- before the court is not sufficient to

achieve this purpose. In such circumstances, condition

to deposit Rs.10,000/- is deleted. But it is made

clear that one of the sureties shall be a close

relative of the petitioner like parents, brother or

sister.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.

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