SHAJI ALIAS SHAHUDHEEN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner faces allegations under Sections 403, 406 and 420 I.P.C. He was arrested and produced before the learned Magistrate. He continues in custody from 23.8.2006. The learned Magistrate has granted bail to the petitioner, subject to conditions.

(2.) One of the conditions is that the petitioner must deposit cash security of Rs.30,000/-or file solvency for the same. This order was passed as early as on 10.10.2006. The petitioner has come to this Court complaining about the onerous nature of the said condition imposed. The counsel submits that the petitioner, who is in custody, is unable to raise the amount and consequently he is constrained to continue in custody from the date of his arrest notwithstanding the order granting him bail on 10.10.2006.

(3.) The learned counsel submits that if continued insistence on the condition were made, the petitioner will have to languish in prison until the trial is over. In these circumstances a lenient view may be taken and the direction for cash deposit of Rs.30,000/- may be dispensed with and deleted. The learned counsel points out that the other condition obliges the petitioner to execute a bond for Rs. 1,00,000/- with two solvent sureties for the like sum.