IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2444 of 2008()
1. SABU, S/O.KASIM,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :07/07/2008
O R D E R
R.BASANT, J.
----------------------
Crl.M.C.No.2444 of 2008
----------------------------------------
Dated this the 7th day of July 2008
O R D E R
The petitioner who faces allegations in a crime registered
alleging offences punishable inter alia under Sections 398, 465
and 120B I.P.C was enlarged on bail as per the order passed by
the learned Sessions Judge dated 16/11/2007. The petitioner
continues in custody from 11/9/2007. Bail was granted subject
to conditions. Inter alia the condition was imposed that the
petitioner must execute a bond for Rs.50,000/- with two solvent
sureties each for the like sum. It was further directed that the
sureties must produce solvency certificates for the said amount.
2. The learned counsel for the petitioner submits that
though the petitioner was granted bail as per order dated
16/11/2007, the onerous condition obliging him to produce
solvency certificate for Rs.50,000/- for the two sureties has stood
in the way so far against the petitioner taking advantage of the
said order dated 16/11/2007. He has hence been continuing in
custody from 11/9/2007 notwithstanding the order dated
16/11/2007 granting him bail. The learned counsel for the
petitioner prays that leniency may be shown and the petitioner
Crl.M.C.No.2444/08 2
may be directed to be released on bail on condition that he
executes a bond for Rs.50,000/- ; but sureties may be permitted
to produce solvency certificates for the value of Rs.20,000/-.
3. I have considered all the relevant inputs. Considering
the fact that the petitioner has remained in custody from
11/9/2007 notwithstanding the order dated 16/11/2007 granting
him bail, I accept the submissions of the learned counsel for the
petitioner that the sureties can be accepted as sureties on
condition that they produce solvency certificates to show that
they are solvent to the tune of Rs.20,000/-. All other conditions
shall remain in force. The bond must be for Rs.50,000/-. I take
this view in the light of the fact that notwithstanding the order
dated 16/11/2007, the petitioner has not been able to take
advantage of the said order and get himself enlarged on bail.
Earlier applications filed by him before the learned Sessions
Judge and this court were dismissed as per orders dated
19/6/2008 and 11/1/2008.
4. This petition is allowed to the above extent.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.2444/08 3
Crl.M.C.No.2444/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007