High Court Kerala High Court

Shoukatha Ali @ Shoukath vs State Of Kerala on 6 May, 2010

Kerala High Court
Shoukatha Ali @ Shoukath vs State Of Kerala on 6 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1614 of 2010()


1. SHOUKATHA  ALI @ SHOUKATH, AGED 21 YEARS
                      ...  Petitioner
2. FAISAL, AGED 22 YEARS,
3. MUSTAFFA @ MARAKKAR, AGED 23 YEARS,
4. HABEEB, AGED 23 YEARS,
5. JAFER, AGED 22 YEARS,
6. ASSAINARA, AGED 24 YEARS,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.K.P.SUDHEER

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :06/05/2010

 O R D E R
                   THOMAS P JOSEPH, J.

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                     Crl.M.C.No.1614 of 2010

                  ---------------------------------------

                Dated this 06th day of May, 2010


                                ORDER

Learned Public Prosecutor appears for respondent.

2. Petitioners are accused Nos.2 and 4 to 8 in Crime

No.220 of 2010 of Tirur Police Station for offences punishable

under sections 120B, 143, 146, 148, 427, 452 323, 324, 326 and

307 r/w 149 of the Penal Code. As per Annexure-A1, order in

Crl.M.C.No.388 of 2010 learned Sessions Judge, Manjeri granted

bail to the petitioners subject to conditions that petitioners

executed bond for Rs.25,000/- each with two sureties for the like

sum each. The condition that is impugned in this proceeding is to

deposit of Rs.5,000/- each by the petitioners and sureties. Learned

counsel, placing reliance on the decision in Jomon Vs. State of

Kerala (2010 (2) KLT 371) contends that it was not necessary to

impose a condition for deposit of amount when the presence of the

petitioners otherwise has been secured by appropriate conditions.

Learned Public Prosecutor submits that petitioner No.1/accused

No.2 is involved in several other cases as well.

3. Learned Additional Sessions Judge has not stated any

compelling reason for directing deposit of cash security along with

Crl.M.C.No.1614 of 2010
: 2 :

execution of bond as stated in Annexure-A1, order. It has come on

record that petitioner No.1 is accused in several other criminal

cases. Having regard to the facts and circumstances I am inclined

to think that deposit of cash security is not necessary. Hence that

condition is lifted. I however direct that one of the sureties shall be

a close relative of petitioner No.1/accused No.2.

The petition is allowed to the above extent.

(THOMAS P JOSEPH, JUDGE)
Sbna/-