S BABU Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the petitioners for a direction to the learned Judicial Magistrate, Kotagiri, to accept the Surrender Certificate and Surety Memo of the petitioners who were released on statutory bail pursuant to the orders passed by the Sessions Judge, Nilgiris, on 24.04.2020.

(2.) The respondent Police has registered an F.I.R. in Crime No.2 of 2020 for an offence under Section 302 IPC. The petitioners were added as accused persons pending investigation and they were arrested and remanded to judicial custody. Thereafter, the petitioners filed a bail petition under Section 167(2) Cr.P.C., seeking for statutory bail. The Sessions Judge, Nilgiris, passed an order on 24.04.2020 granting statutory bail to the petitioners by imposing certain conditions. For better appreciation, the conditions imposed by the Sessions Court is extracted hereunder:

(3.) The learned counsel for the petitioners submitted that even though the petitioners had submitted the Surrender Certificate and the Surety Memo before the Judicial Magistrate, Kotagiri, they were orally insisted to produce solvency certificate. The learned counsel submitted that the Sessions Court did not impose any such condition and if solvency certificate is insisted, the petitioners will be asked to produce patta and the petitioners do not possess patta in their name. The learned counsel submitted that left with no other alternative, the present petition has been filed before this Court seeking for appropriate directions. The learned counsel further submitted that the time for surrender was extended from time to time till the end of December 2020.