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NURUL ISLAM SHAIK versus STATE OF KERALA

High Court of Kerala

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NURUL ISLAM SHAIK v. STATE OF KERALA - Crl MC No. 4086 of 2006 [2006] RD-KL 3996 (20 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 4086 of 2006()

1. NURUL ISLAM SHAIK
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SRI.O.S.JAFARKHAN

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :20/12/2006

O R D E R

R.BASANT, J

Crl.M.C.No.4086 of 2006

Dated this the 20th day of December 2006

O R D E R

The petitioner, against whom there is a prosecution under Section 457,361,380 I.P.C, was directed to be released on bail as per order dated 22/05/2006 passed by this court subject to conditions. Interalia it was directed that the sureties (and the accused?) must produce solvency certificates.

2. The learned counsel for the petitioner submits that though the petitioner was arrested on 17/03/2006, bail was granted on 22/05/2006. The petitioner languishes in prison even now for the reason that he has not been able to make available sureties with solvency certificates. He is inside the prison and it is practically impossible for him to secure sureties with solvency certificates while he is in jail. It is, in these circumstances prayed that the condition imposed may be modified and fetters may not be placed on the discretion of the learned Magistrate to receive and accept the sureties if they are found to be adequate and solvent. Crl.M.C.No.4086/06 2

3. In the facts and circumstances of this case, I am persuaded to agree with the learned counsel for the petitioner. I am satisfied that the direction that the sureties should produce solvency certificates need not be insisted. The learned Magistrate shall be at liberty to release the petitioner on bail accepting the solvent sureties whom the petitioner may produce. Appropriate safeguards may be insisted but rigid insistence on production of solvency certificates need not be made.

4. This Criminal Miscellaneous Case is in these circumstances allowed in part to the above extent.

(R.BASANT, JUDGE)

jsr Crl.M.C.No.4086/06 3 Crl.M.C.No.4086/06 4

R.BASANT, J

C.R.R.P.No.

ORDER

21ST DAY OF JULY 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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