IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4168 of 2010()
1. UMMER, AGED 44 YEARS, S/O. MOHAMMED,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
2. THE STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.T.MADHU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :26/10/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4168 OF 2010
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Dated 26th October, 2010
O R D E R
By Annexure-1 order Sessions Judge,
Kasargod granted bail to the petitioner, an
accused in C.P.78/2008 on the file of Judicial
First Class Magistrate’s Court-I, Kasargod on
conditions. One of the conditions was that
petitioner shall deposit Rs.25,000/- as
security. In addition, he was directed to
execute a bond for Rs.20,0000/- and also to
surrender his passport. Petition is filed
under Section 482 of Code of Criminal
Procedure to quash the condition to deposit
Rs.25,000/- contending that due to the failure
of the petitioner to deposit the amount, even
though the order was passed on 13/9/2010,
petitioner is continuing in judicial custody.
Crmc 4168/10 2
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor were
heard.
3. Learned counsel submitted that it
is only due to the failure of the petitioner
who hails from a poor family, he is still
languishing in jail and therefore, the
condition is to be deleted.
4. Learned Public Prosecutor submitted
that petitioner had absconded and only later he
could be arrested and it is in such
circumstances, the condition was imposed.
5. The very fact that petitioner is
still in custody, even though the order for
release on bail was granted on 13/9/2010 shows
that because of the financial condition of the
petitioner, he is still continuing in judicial
custody. Poverty is not a sin. In such
circumstances, it is necessary to modify the
Crmc 4168/10 3
conditions.
Petition is allowed. Annexure-1 order
is modified as follows. Petitioner shall be
released on bail on executing a bond for
Rs.50,000/- with two solvent sureties for the
like sum to the satisfaction of the learned
Magistrate. At least one of the sureties shall
be a close relative of the petitioner.
Petitioner shall surrender his passport before
the learned Magistrate and shall not leave
India without the previous permission of the
learned Magistrate. If the petitioner is not
having a passport, he shall file an affidavit
to that effect and learned Magistrate must be
satisfied that he is not having any passport.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.