SATHEESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces allegations under Section 420 I.P.C. The allegation as revealed from the order passed by the learned Sessions Judge granting bail is that

(2.) The learned counsel for the petitioner submits that the condition imposed is too onerous and harsh. The petitioner who is continuing in custody from 20/10/2006 is unable to take advantage of the order granting bail because of the nature of the conditions imposed. The petitioner is unable to offer cash security for Rs.10,000/-. It will take a long time to secure the solvency certificate for the surety. If the petitioner is not released from custody, he will not be able to do the needful to procure the solvency certificate. The learned counsel for the petitioner, in these circumstances, prays that production of solvency certificate and cash certificate may not be insisted. The petitioner may be directed to be released on his executing a bond as directed with two solvent sureties. If it be necessary, the petitioner shall ensure that one of the sureties shall produce solvency certificate within a reasonable stipulated period after the release of the petitioner.

(3.) Notice has been given and the learned Public Prosecutor also has appeared. Having considered all the relevant inputs, I am satisfied that this petition can be allowed and the impugned order can be modified.