Allowed

Kailesh & Others v. S.I. of Police, Kodakara

Kerala HC19 Oct 2007Crl.MC/2590/2007

Case brief

AI extract

What is this about?

The Kerala High Court held that if bail petitioners were compelled to deposit cash security due to inability to produce sureties, they must be released if they now produce appropriate sureties. Cash deposits are not intended to be a condition for bail but a temporary measure.

What did the court decide?

The order of depositing cash security was allowed to the extent of directing the release of cash deposits upon execution of bonds with sureties.

Kailesh & Others Vs S.I. of Police, Kodakara — Bail and Remand | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE R.BASANT

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FRIDAY, THE 19TH OCTOBER 2007 / 27TH ASWINA 1929

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Crl.MC.No. 2590 of 2007()

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------------------------MC.103/2007 of SUB DIVISIONAL MAGISTRATE-I, THRISSUR CRIME NO.442/07 OF THRISSUR POLICE STATION, KODAKARA

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PETITIONER: COUNTER PETITIONERS

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KALESH, S/O.KANNAN, NOMBRAVIL HOUSE, PANJAPPILLY, KALLETTUMKARA.

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RATHEESH @ INDUCHOODAN, S/O.MOHANAN, CHATTAPARAMBIL HOUSE, PAZHASSI NAGAR, KODAKARA.

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SATHYAN, S/O.SUBRAN, KARIKUTTI HOUSE, VATTEKKAD, KODAKARA.

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BABU, S/O.SUBRAN, KIZHAKKANCHERI HOUSE, VATTEKKAD, KODAKARA.

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JAYESH, S/O.KUNJAAYYAPPAN, MADATHIL HOUSE, VATTEKKAD, KODAKARA.

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RAJESH, S/O.RAMADEVAN, NANATTI VEEDU, VATTEKKAD, KODAKARA.

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PRAJEESH, S/O.KURICHIYATH CHANDRAN, MANAKULANGARA, KODAKARA.

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RATHEESH, S/O.VAZHAVALAPPIL MADHAVAN, KAROOR DESOM.

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BAIJU, S/O.APPUKUTTAN,

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PUTHENCHIRAKKARAN HOUSE, MANAKULANGARA, KODAKARA.

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SUNIL, S/O.KUDAAMATTIL BABU, MANAKULANGARA, KODAKARA.

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BY ADV. SRI.RAJESH CHAKYAT

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RESPONDENTS: COMPLAINANT

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THE SUB INSPECTOR OF POLICE, KODAKARA POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.GIKKU JACOB

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R.BASANT, J

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Crl.M.C.No.2590 of 2007

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Dated this the 19^th day of October, 2007

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O R D E R

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There is no representation for the petitioners. The short grievance of the petitioners, who are counter petitioners in proceedings initiated under Section 107 Cr.P.C is that they were unnecessarily compelled to deposit an amount of Rs.3,000/- each (Rs.30,000/- in all) as a condition for their release on bail. Report of the Sub Divisional Magistrate was called for. The report of the Sub Divisional Magistrate shows that it was consequent to the inability of the petitioners to produce proper sureties that they offered to deposit cash security of Rs.30,000/- and were accordingly so released from custody. I need, in these circumstances, only observe that if the petitioners are willing to produce appropriate and sufficient sureties and execute the necessary bonds with sureties, the Sub Divisional Magistrate must accept the same and direct release of the cash deposits received from the petitioners herein.

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This Crl.M.C is allowed to the above extent.

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(R.BASANT, JUDGE)

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rtr/-

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Kailesh & Others v. S.I. of Police, Kodakara

Case brief

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Kailesh & Others v. S.I. of Police, Kodakara

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