IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl MC No. 3540 of 2007() 1. GEETHA RANI, W/O. RAJAGOPALAN, ... Petitioner Vs 1. STATE OF KERALA, REPRESENTED BY ... Respondent For Petitioner :SRI.B.MOHANLAL For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice R.BASANT Dated :01/12/2007 O R D E R R.BASANT, J. ---------------------- Crl.M.C.No.3540 of 2007 ---------------------------------------- Dated this the 1st day of December 2007 O R D E R
The petitioner has been released on bail by the learned
Magistrate subject to conditions as per order dated 4/10/2007.
The petitioner faces allegations for offences punishable inter alia
under Sections 420 and 468 I.P.C.
2. After discussions at the Bar, the learned counsel for
the petitioner assails condition Nos.1 and 3. Condition No.1
obliges the petitioner to produce two solvent sureties who shall
be her close relatives. The learned counsel for the petitioner
submits that the petitioner does not have any relatives solvent to
that extent – Rs.1,00,000/- who are willing to stand surety. If
such condition were rigidly insisted, the petitioner will have to
remain in custody until the trial is over, submits the learned
counsel for the petitioner.
3. Condition No.3 obliges the accused or her sureties to
deposit Rs.50,000/- as cash security which is to be returned only
after the proceedings are over. The petitioner submits that the
financial position of the petitioner is such that she cannot afford
to make such deposit of Rs.50,000/-. If such insistence were
made, that will again entail the consequence of the petitioner
continuing in custody until the case against her is disposed of.
The learned counsel for the petitioner prays that the said
condition may also be deleted.
4. Notice was given to the learned Public Prosecutor.
The learned Public Prosecutor does not oppose the prayer made
and I am satisfied that condition Nos.1 and 3 do deserve to be
5. This petition is in these circumstances allowed.
Condition No.1 shall stand modified. It shall be sufficient if the
sureties produced are solvent and the learned Magistrate is
satisfied about their identity and solvency. The sureties need not
be relatives of the petitioners. The third condition that the
petitioner or her surety must deposit an amount of Rs.50,000/- as
cash security is deleted. The learned Magistrate, need only
ensure that the sureties are sufficient and solvent.
6. This petition is accordingly allowed to the above
21ST DAY OF MAY2007