IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2963 of 2008()
1. SUNIL, S/O.RAMAKRISHNAN
... Petitioner
2. MADHU,S/O.VELAYUDHAN
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.A.C.DEVY
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :06/08/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 2963 of 2008
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Dated this the 6th day of August, 2008
ORDER
The petitioners, who face allegations, inter alia, under
the Arms Act and Explosive Substances Act, have been directed
to be released on bail subject to conditions. They have been
directed to execute bonds for Rs.30,000/- each with two solvent
sureties. There is a further direction that, at least, one of such
sureties must produce solvency certificate for the said amount
or make cash deposit for the said amount. Other conditions
have also been imposed. The petitioners have come to this
Court claiming to be aggrieved by the condition that one of the
sureties must produce solvency certificate or in the alternative,
cash deposit must be made of the said amount. The learned
counsel for the petitioners submits that the petitioners are now
in prison. They are unable to secure the solvency certificates
Crl.M.C. No. 2963 of 2008 -: 2 :-
immediately. Notwithstanding the order granting bail, they are
unable to take advantage of the same. The petitioner cannot
now secure such solvency certificates while they are in prison.
Imposition of the said condition causes great hardship and
inconvenience. Virtually the petitioners are denied their rights
to avail the benefit of the order granting bail by the said
condition. The said condition may be modified, it is prayed. The
bond amount may be increased if this Court so feels necessary.
But the rigid insistence on production of solvency certificate
which would unnecessarily delay the actual release of the
petitioners on bail may not be made, it is prayed.
2. Notice was given to the learned Public Prosecutor. The
learned Public Prosecutor only submits that appropriate
safeguards may be insisted. I am satisfied that there is merit in
the prayer of the petitioners.
3. In the result:
(a) This Crl.M.C. is allowed.
(b) The said condition is modified. The petitioners shall
execute bonds for Rs.50,000/- each with two solvent sureties
each for the like sum to the satisfaction of the learned
Magistrate. It is not necessary to insist that the sureties must
instil satisfaction in the mind of the learned Magistrate in any
Crl.M.C. No. 2963 of 2008 -: 3 :-
particular or rigid manner. They can try to induce the requisite
satisfaction by producing any such proper materials. The
learned Magistrate, needless to say, must consider such
materials and accept the sureties that they are found to be
accepted.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge