IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1722 of 2009()
1. PRASAD,AGED 45 YEARS,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,KUNDARA.
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.K.S.MANU (PUNUKKONNOOR)
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :29/05/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No.1722 OF 2009
===========================
Dated this the 29th day of May,2009
ORDER
Petitioner is the accused in Crime 397/2009
of Kundara Police Station. The allegation is
that he set fire to the house where he was
residing with his family causing a loss of
Rs.20,000/- on the night of 27.4.2009.
Petitioner was granted bail on condition of
executing a bond for Rs.20,000/- with two
solvent sureties as well as deposit of
Rs.25,000/- as security. This petition is
filed under section 482 of the Code of Criminal
Procedure to quash the condition to deposit
Rs.25,000/- as cash security.
2. Learned counsel appearing for the
petitioner and the learned Public Prosecutor
were heard.
3. The allegation against the petitioner
Crl.M.C.1722/2009 2
is that he committed the offence under section 436
of Indian Penal Code. while granting the bail
learned Additional Sessions Judge has provided the
necessary conditions. The question is whether the
condition to deposit Rs.25,000/- in cash is valid
and necessary. On the facts and circumstances of
the case, I do not find that it is necessary to
direct petitioner to deposit Rs.25,000/- as
security to grant bail. Hence the said condition
in Annexure A order is deleted.
Petition is allowed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006