MADHU Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the accused No. 6 in Crime No. 48/2012 of Kasargod Police Station for modifying the conditions Nos. 4 and 5 and also modifying the condition to produce two relative sureties imposed as per Annexure - A1 order under S.482 of Code of Criminal Procedure.

(2.) The case of the petitioner was that he is the 6th accused in Crime No. 48/12 of Kasaragod Police Station and the investigation of the case is not completed. The learned Chief Judicial Magistrate, Kasaragod has granted statutory bail to the petitioner under S.167(2) of Code of Criminal Procedure as per Annexure - A1 order. There, the Magistrate imposed conditions that he will have to produce two relative sureties, both the sureties have to produce the original title deed and that has to be kept in Court till 313 examination of the accused and the sureties also produce solvency certificate equivalent to 1% of the amount involved in the case. The conditions are harsh and very difficult to comply with and that will amount to denial of bail. So, he has no other option but to file an application before this Court to quash those conditions under S.482 of Code of Criminal Procedure.

(3.) Heard the Counsel for the petitioner and learned Public Prosecutor.