The High Court of Kerala deleted the bail condition requiring sureties to produce tax receipts for Rs.100/- each. The court directed magistrates to assess solvency without such rigid financial proof.
Condition requiring sureties to produce tax receipts for payment of tax for not less than Rs.100/- each is deleted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931
Crl.MC.No. 788 of 2010() -------------------------------------M.P.NOS.3792,3793,3886 TO 3899, 3910 TO 3923 IN S.C.NOS.162 TO 169, 186 TO 197,211 TO 221,268 TO 273,297,298 AND 300/2009 OF ADDL.SESSIONS COURT (FAST TRACK COURT NO.II-ADHOC),THRISSUR. ............
2. LINEESH, S/O. STEPHEN, ANJANAPPILLY HOUSE, NELLIKKUNNU, NADATHARA, THRISSUR. BY ADV.MR.RENJITH B.MARAR
RESPONDENT(S): COMPLAINANT:
--------------------------------------------------STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR MR. S.U. NAZAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
CRL.M.C.NO.788 OF 2010 ------------------------------------------ Dated 15th March 2010
O R D E R
Under Annexure-A1 order dated
28/8/2009 petitioners were granted bail on conditions. One of the conditions was that the sureties shall produce tax receipts for payment of tax for not less than Rs.100/each and there was another condition that petitioners shall deposit Rs.1,000/- each in each of the cases as security deposit.
Petitioners are involved in 43 cases registered under Sections 379, 411, 413 and 414 read with Section 34 of Indian Penal Code. Aggrieved by the harsh conditions,
petitioners had earlier filed
Crl.M.C.3219/2009. When Crl.M.C was heard,
petitioners did not challenge the condition to produce tax receipts for payment of not
Crmc 788/10 2
less than Rs.100/- each by the sureties and they sought only modification of direction to
make cash deposit of Rs.1,000/- each. By Annexure-A2 order the direction to make cash deposit was lifted. This petition is filed under Section 482 of Code of Criminal
Procedure to delete the condition to produce the tax receipts for payment of tax, for not less than Rs.100/- each, by the sureties contending that petitioners are not in a position to produce sureties who are paying
tax for not less than Rs.100/- and in such circumstances, the said condition is to be lifted.
petitioners and learned Public Prosecutor were heard.
spite of Annexure-A1 order dated 28/8/2009
Crmc 788/10 3
petitioners are still in custody, as they could not fulfill the conditions. Considering the fact that in spite of the modification of the condition of bail by Annexure-A2 order, petitioners are still in detention, it is in the interest of justice to lift the condition to produce tax receipt for payment of tax for not less than Rs.100/-.
Petition is allowed. Condition in
Annexure-A1 order directing the sureties to produce tax receipt for payment of tax for not less than Rs.100/- each is deleted. It is made clear that it is for the learned Magistrate to satisfy the solvency of the sureties, without insisting for production of tax receipts, for any particular amount.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
2 issues framed by the court
Whether the condition requiring sureties to produce tax receipts for payment of not less than Rs.100/- should be deleted.
Whether the solvency of sureties should be determined without insisting on production of tax receipts for a specific amount.
1 provisions across 1 enactments
Sinto
Lineesh
State of Kerala
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
