SATHEESHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces allegations under Sections 406 and 420 I.P.C. He has been in custody from 13.3.2007. The learned Magistrate had directed his release on bail, subject to conditions, as early as on 20.3.07. He has not been able to comply with the conditions and hence continues in custody even now. The petitioner complains about the onerous nature of the conditions imposed on the petitioner. He is particularly aggrieved by conditions 2 and 3. They oblige the petitioner to offer as one surety a near relation of the petitioner i.e. "mother, father, brother, sister or direct uncle." They also oblige the petitioner to deposit an amount ofRs.50,000/- in court as cash security.

(2.) The learned counsel for the petitioner submits that the conditions are so onerous and impossible of performance that the petitioner will be compelled to remain in custody until final disposal of the case. In these circumstances, it is prayed that the conditions may be modified appropriately to enable the petitioner to take advantage of the order and get release from custody.

(3.) In response to a specific query, the learned counsel for the petitioner submits that the petitioner is prepared to show his bonafides by making cash deposit of Rs.10,000/- before the learned Magistrate. He is unable to deposit any greater amount. His close relatives do not have properties and the insistence that they must join as sureties and also that they must be solvent makes the position difficult. It is hence impossible for the petitioner to comply with the conditions presently imposed.