Partly allowed

Jaison v. State of Kerala

Kerala HC11 Feb 2009Crl.MC/140/2009

Case brief

AI extract

What is this about?

Petitioners filed a criminal miscellaneous case to set aside the mandatory cash security deposit condition imposed by the Magistrate in their bail order. The High Court modified the order, deleting the direction to deposit Rs. 7,000/-, holding that executing a bond for Rs. 25,000 with sureties was sufficient to mitigate default concerns.

What did the court decide?

The direction to deposit cash security of Rs. 7,000/- by each petitioner was deleted; a bond with sureties was held sufficient.

Jaison Vs State of Kerala — Bail and Remand | Kerala HC (2009)

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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 M.N.KRISHNAN

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WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930

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Crl.MC.No. 140 of 2009()

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---------------------------------AGAINST THE ORDER DATED 22/12/2008 IN MP.7289/2008 IN CC.794/2007 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI

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PETITIONER(S): PETITIONERS/ACCUSED

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-------------------------

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1. JAISON, S/O.JOSEPH, VALIYAVEETTIL, KATTIPARAMBU, PALLURUTHY, ERNAKULAM DISTRICT.

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2. SHINY, W/O.JAISON, VALIYAVEETTIL, KATTIPARAMBU, PALLURUTHY, ERNAKULAM DISTRICT.

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BY ADVS. MR.NAGARAJ NARAYANAN MR.SAIJO HASSAN MRI.A.S.SABU MR.P.P.GENSON

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RESPONDENT(S):

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-------------------------

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR MR.GIKKU JACOB

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.N. KRISHNAN, J

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CRL.M.C.No. 140 OF 2009

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Dated this the 11^th day of February, 2009

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O R D E R

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This petition is filed with a prayer to set aside the condition in Annexure II order imposing deposit of Rs. 7,000/- each by the petitioner. In the order the learned Magistrate has directed the petitioners to deposit a cash security of Rs. 7,000/-. The learned Magistrate ordered that bail is granted on self bond for Rs. 15,000/each and on deposit of Rs. 7,000/- by each accused as this is a warrant trial case. Thereafter the court enlarged the time for depositing the amount and directed a bond for Rs. 25,000/- each with two solvent sureties each for the like amount. This court in its interim order directed not to insist for the cash deposit but to execute the bond as ordered by the court below on the later part of the order. The reason for demanding cash security is on account of the default committed by the petitioners. The petitioners are expected to comply with the directions of the court and undertaking given by them in the bond. It is submitted by the learned counsel for the petitioners that there will not be any such recurrence and they will appear before the court. Taking into consideration these

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Crl.M.C.No. 140/2009

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-2-

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materials, I am inclined to modify the order and delete the direction of the court below to deposit the amount of Rs. 7,000/- as security. Or in other words the order directing the petitioners to execute a bond for Rs. 25,000/- with two solvent sureties for the like sum to the satisfaction of the concerned Magistrate is sufficient.

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The Crl. M.C. is disposed of accordingly.

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M.N. KRISHNAN,JUDGE

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vkm

Jaison v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jaison v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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