Petitioners are aggrieved by the conditions imposed in Annexure-1 order passed by the learned Additional Sessions Judge-VII, Ernakulam while granting bail to them. They are involved in S.C.No.685 of 2013 for offences punishable under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. On perusal of the impugned order, it is seen that the learned Sessions Judge granted bail as follows:
“In the result, this bail application is allowed subject to the following conditions:
a) The applicants shall execute a bail bond for Rs.50,000/- each with two solvent sureties each for the like amount. At least one of the sureties shall be a native of Ernakulam District. The sureties shall produce proof of identity and solvency. The sureties shall produce original title deed and latest basic tax receipt to prove their solvency.
b) The applicants shall not Crl.MC No.2679/2014 2 commit any offence while on bail.
c) They shall not influence or intimidate the witnesses.”
Learned counsel submitted that the petitioners are working as coolies in Kottayam District. They are not able to procure solvent sureties from Ernakulam District. Therefore, the learned counsel for the petitioner submitted that insistence on sureties from Ernakulam District may be avoided. Further, the petitioners are apprehensive of the fact that the sureties will have to deposit their original title deeds, if produced before the court. Hence the order passed by the Additional Sessions Judge is clarified as follows:
All the conditions imposed by the learned Additional Sessions Judge in Annexure-1 order, except that one of the sureties shall be a native of Ernakulam District are confirmed. The sureties can be from any part of this State, provided they are solvent. To prove their solvency, original title deeds and tax receipts or solvency certificates issued by competent authority shall be produced. The trial court, after verification of the title deeds produced by the sureties, shall return the same.
Petition is disposed of with the above clarifications.
A. HARIPRASAD, JUDGE.
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