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