Partly allowed

Vellayamma v. State of Kerala

Kerala HC15 Oct 2009Crl.MC/3151/2009

Case brief

AI extract

What is this about?

The High Court of Kerala, Criminal Bench, modified a bail condition imposing on petitioners accused of theft. The court substituted the requirement for sureties to produce title deeds with a requirement to produce solvency certificates to ensure the accused appear for trial.

What did the court decide?

Modified bail condition to require sureties to produce solvency certificates instead of original title deeds.

Vellayamma 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.SASIDHARAN NAMBIAR

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THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931

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Crl.MC.No. 3151 of 2009

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CMP.11041/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY CRIME NO.574/2009 of CHAVARA POLICE STATION

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PETITIONERS/PETITIONERS/ACCUSED:

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VELLAYAMMA, D/O. MADATHY, PURAMBOKKU HOUSE, NEAR ATTUPALAM, CHINNASELAM VILLAGE, SALEM, TAMIL NADU.

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PARVATHY, D/O. VELLAYAMMA, DO. DO.

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DURGGA, D/O. SUPPAMMA, DO. DO.

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MEENAKSHI, D/O. VELLAYAMMA, DO. DO.

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SUBBALEKSHMI, D/O. SUPPAMMA, DO. DO.

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BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH

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RESPONDENT/STATE:

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

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BY PUBLIC PROSECUTOR SRI.AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.Sasidharan Nambiar, J.

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Crl.M.C.No.3151 of 2009

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ORDER

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Petitioners are the accused in Crime No.574/2009 of Chavara Police station, registered for the offence under Section 379 read with Section 34 of Indian Penal Code. By Annexure-I order, Judicial First Class Magistrate, Karunagappally granted bail to the petitioners on conditions. Petitioners were to execute bond for Rs.15,000/- each with two solvent sureties each for the like sum, who shall also produce their original title deeds before the court and to appear before the Investigating Officer on all Mondays and Thursdays between 10 a.m. and 1 p.m. This petition is filed under Section 482 of Code of Criminal Procedure to lift the condition to produce the original title deeds of the sureties contending that as petitioners are from Tamil Nadu, they are not in a position to produce sureties, who are prepared to produce their title deeds before the court, as directed by the Magistrate.

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CRMC 3151/09

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Learned counsel appearing for the petitioners and learned Public prosecutor were heard.

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Learned Public Prosecutor submitted that a final report had already been submitted before the court and as petitioners are from Tamil Nadu, their presence should be assured for the purpose of trial and that was the reason why the Magistrate imposed the said conditions.

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Petition is disposed modifying Condition No.(a) in Annexure-I order to the effect that petitioners shall execute bond for Rs.15,000/- each with two solvent sureties each for the like sum and sureties shall produce their solvency certificates, so as to assure presence of the petitioners for the purpose of trial. If petitioners are not capable of fulfilling the condition, they are at liberty to approach the Magistrate to dispose the case expeditiously. If such a request is made, learned Magistrate to dispose the case expeditiously.

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15^th October, 2009 (M.Sasidharan Nambiar, Judge) tkv

Vellayamma v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vellayamma v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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