-------- This is an application filed by the petitioner seeking modification of condition No.2 in Annexure-A order imposed by the learned Sessions Judge under Section 482 of the Criminal Procedure Code.
2. It is alleged in the petition that the petitioner is the fourth accused in Crime No.269 of 2013 of Ramapuram police station and he moved Crl.M.P.No.552 of 2014 for granting bail and the learned Sessions Judge by Annexure-A order granted bail on conditions inter allia that he shall deposit `.50,000/- before the concerned Magistrate Court as one of the condition for releasing him on bail which condition is being challenged by the petitioner by filing this petition.
3. Heard the learned counsel for the petitioner and for the learned Public Prosecutor.
4. The counsel for the petitioner submitted that there is no necessity to insists for cash security especially when he has been directed to execute bond with two solvent sureties to the satisfaction of the Magistrate. On account of this condition, he is not able to get released though bail was granted to him. The counsel also submitted that he is prepared to furnish one of the sureties from Kerala and also abide by any condition CRL.M.C.NO.2970 OF 2014 2 imposed by this Court apart from the conditions imposed by the Court below.
5. The application was opposed by the learned Public Prosecutor on the ground that he is a man from Tamil Nadu and if the condition is lifted he will abscond.
6. It is an admitted fact that the petitioner was arrayed as fourth accused in Crime No.269 of 2013 of Ramapuram Police Station alleging offences under Sections 457, 461 and 380 r/w 34 of the Indian Penal Code. He was arrested in connection with the above crime and bail was granted to him by the Sessions Judge by Annexure-A order imposing a condition to deposit `.50,000/- before the Magistrate Court apart from other conditions.
7. It is true that the cause title shows that he is a man from Tamil Nadu and the counsel for the petitioner submitted that he is prepared to furnish a surety from Kerala and also he will be available in Kerala for cooperating with the investigation. So considering these submissions, this Court feels that condition No.2 imposed by the Court below namely directing the petitioner to deposit `.50,000/- cash before the concerned Magistrate Court can be set aside and other appropriate further conditions can be imposed for releasing him on bail. So the petition is disposed of as follows:-
CRL.M.C.NO.2970 OF 2014 3
1. The condition to make a cash deposit of `.50,000/- before the Magistrate Court is set aside.
2. The petitioner shall furnish one of the sureties from kerala while executing the bond of `.50,000/- as directed by the learned Sessions Judge.
3. Further, the petitioner shall not leave Kottayam District without getting prior permission of the Judicial First Class Magistrate Court, Pala till the final report is filed. Further, he shall furnish the address where he intend to stay in Kottayam District to the investigating officer within one week from the date of release.
With the above modifications, this petition is disposed of. Hand over the copy to the counsel for the petitioner and communicate the same to the concerned Court immediately.
sd/-
K.RAMAKRISHNAN, JUDGE R.AV