IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 128 of 2009()
1. K.V.SUJOY, AGED 37, S/O.GOVINDAN,
... Petitioner
Vs
1. STATE OF KERALA TO BE REP. BY PUBLIC
... Respondent
2. S.H.O. KANNAPURAM POLICE STATION,
For Petitioner :SRI.K.S.MADHUSOODANAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :15/01/2009
O R D E R
R.BASANT, J.
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Crl.M.C.Nos.128,146 & 202 of 2009
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Dated this the 15th day of January 2009
O R D E R
The common petitioner in these three cases has come
before this court complaining about a direction for deposit of
cash security as condition for release on bail. The petitioner
faces allegations in as many as seven crimes all under Section
379 I.P.C. The petitioner applied for bail and the learned
Magistrate granted bail subject to conditions including the
condition that amounts must be deposited as cash security by the
sureties. Bonds are to be executed with two solvent sureties and
each such surety is directed to deposit amounts. In one case, the
amount ordered to be deposited was Rs.10,000/-. The court of
Session has reduced the same to Rs.8,000/-. In six other cases,
the amount which each surety has been directed to deposit was
Rs.20,000/- and the Sessions Court has reduced the same to
Rs.15,000/-.
2. The petitioner remains in custody from 14/6/2008.
The impugned orders were passed long earlier; but though
Crl.M.C.Nos.128,146 and 202 of 2009 2
under the impugned orders the petitioner has been granted bail,
he is unable to avail the benefits of that order because of the
onerous nature of the conditions imposed. The petitioner is in
prison. He has been asked to get two sureties in each case who
shall be willing to pay such huge amounts – Rs.8,000/- in one
case and Rs.15,000/- in other six cases. The petitioner, now in
prison, cannot get such sureties who are in a position to make
such huge deposit of cash security. Virtually bail has been
denied to him. The petitioner, who hails from the economically
weaker section of the community, will never be able to comply
with the condition and avail the benefit of the bail order. In
these circumstances, the learned counsel for the petitioner prays
that the directions in the impugned modified orders that the
petitioner must make cash deposit may be set aside. The
petitioner may be permitted to be released on bail subject to any
reasonable terms and conditions.
3. Notice was given to the learned Public Prosecutor.
The learned Public Prosecutor only submits that appropriate
orders may be passed; but it may be ensured that the petitioner
shall be available for trial and shall not repeat the offence during
Crl.M.C.Nos.128,146 and 202 of 2009 3
the pendency of the proceedings.
4. Having considered all the relevant circumstances, I
am satisfied that the prayer of the petitioner deserves to be
considered sympathetically and the condition of cash deposit by
the sureties can be deleted.
5. In the result, these petitions are allowed. In all these
seven cases, the petitioner shall be released on bail on the
following terms and conditions:
i) He shall be released on bail on condition that he
executes bonds as directed by the learned Magistrate with two
solvent sureties each for the like sum to the satisfaction of the
learned Magistrate.
ii) The learned Magistrate, I clarify, need not insist on
deposit of cash security by the sureties. The sureties can be
accepted if the learned Magistrate is satisfied otherwise about
their solvency and sufficiency.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
Crl.M.C.Nos.128,146 and 202 of 2009 4
jsr
Crl.M.C.Nos.128,146 and 202 of 2009 5
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008
Crl.M.C.Nos.128,146 and 202 of 2009 7
The learned counsel for the petitioner prays that these Crl.M.Cs
may be called on 15/01/2009 as the petitioner has filed two
more identical petitions seeking identical relief.
Call on 15/01/2009.