The petitioner is aggrieved by that portion of the order dated 22.9.2014 in Crl.M.P. No. 3248 of 2014 pending before the Sessions Court, Pathanamthitta whereby he has been called upon to furnish bond for a sum of Rs.1,00,000/- with two solvent sureties each for the like sum. The further stipulation is that both the sureties must be from State of Kerala having immovable property within the State of Kerala and also that they have to produce original title deeds along with tax receipts. The order goes on to say that in order to show solvency, the solvency certificate issued by a competent authority should also be produced. 2. Learned counsel appearing for the petitioner relying on the decisions reported in Asokan v. C.I. Of Police, Kadakkal Police Station (2010(1) KHC 1), Madhu. K. v. State of Kerala (20154(1) KHC 623) and Galaskasden Grace I. v. Inspector of Police (2009 KHC 4806) contends that such Crl.M.C.7400/2014 2 stipulations are not common as it would amount to denial of bail. The petitioner points out that he is willing to furnish bond for Rs.1,00,000/- with two solvent sureties. But to insist for the production of original title deeds and solvency certificate is illegal.
3. There seems to be some substance in the grievance voiced by the petitioner. It must be remembered here that the petitioner is given statutory bail which he is entitled to as a matter of right and to deny the same by imposing such onerous conditions is unfair and unjust. Production of solvency certificate is unsustainable in law.
In the result, this petition is partly allowed and that portion of the order directing production of original title deeds of immovable property of the sureties and also tax receipts and solvency certificate from a competent authority shall stand deleted. Rest of the conditions shall apply.
sb.
P.BHA VADASAN JUDGE