Roshan v. State of Kerala, Represented by The Public Prosecutor
2019-07-11
RAJA VIJAYARAGHAVAN V.
body2019
DigiLaw.ai
JUDGMENT : For getting involved in offences registered, inter alia, under Section 379 of the IPC, nine separate crimes have been registered against the petitioner, a 20 year old man, at various police Stations within the limits of Ernakulam and Thrissur districts. In some of the cases, investigation has been completed and trial proceedings have commenced. 2. In all these cases, bail was granted to the petitioner on conditions. He has been ordered to execute bonds for varying amounts. Contending that the petitioner is unable to comply with the conditions, he has approached this Court seeking modification. 3. The petitioner submits that his father is the absolute owner in title and possession of an item of property having an extent of 1.62 Ares, wherein a pucca residential home is situated. According to the petitioner, the market value of the property would be not less than Rs.7 lakhs. He contends that the property is free of all encumbrances and his prayer is to permit him to produce the original sale deed in the Judicial Magistrate of First Class, Chalakkudy before which court, Crime No.3 of 2019 of the Aloor Police Station is pending. His request is to permit him to produce the attested/notarized copies of the sale deed and tax receipts before the other courts in order to secure his release on bail. The petitioner would also submit that while granting bail to him in Crime No.388 of 2019, he has been ordered to deposit a sum of Rs.10,000/- as cash deposit. He prays that the said condition also be suitably modified. 4. Heard Sri.Lal K. Joseph, the learned counsel appearing for the petitioner, and the learned Public Prosecutor. 5. I have considered the submissions advanced and have perused the materials on record. 6. It is by now trite that the grant or refusal of bail on economic conditions violates Articles 14 and 15 of the Constitution of India and runs contrary to the constitutional ethos. In those cases, where the indigent accused is unable to afford bail, some leniency will have to be shown. Having considered the peculiar facts, I am of the view that some indulgence need to be shown to the petitioner. Records reveal that, he is a young man with a possibility of reforming himself. 7. Having considered all the relevant aspects, I am inclined to interfere.
Having considered the peculiar facts, I am of the view that some indulgence need to be shown to the petitioner. Records reveal that, he is a young man with a possibility of reforming himself. 7. Having considered all the relevant aspects, I am inclined to interfere. The following order is, therefore, passed: (a) Thepetitioner shall produce the original of Sale Deed No.860/1/2019 of the SRO, Kattoor along with the original of tax receipts before the learned Judicial Magistrate of First Class, Chalakkudy, in Crime No.3 of 2019 of the Aloor Police Station. The petitioner shall also produce a valuation certificate issued by a certified valuer showing the value of the property. (b) In the rest of the crimes in which bail has been granted to the petitioner, he shall produce notarized copies of the Sale Deed and the tax receipt along with a copy of the valuation certificate. The production of the said documents shall be treated as sufficient compliance. (c) The petitioner shall execute a bond with two sureties for the amount ordered by the learned Magistrate in the respective cases. (d) One of the sureties shall be the father of the petitioner and the other surety shall be a near relative. (e) The list produced as Annexure-A1 in Crl.M.C.No.4770 of 2019 shall be appended to this order. (f) Condition No.(ii) in order dated 17.05.2019 in C.M.P.No.827 of 2019 in C.C.No.583 of 2019 on the file of the Judicial Magistrate of First Class -II, Aluva will stand set aside. These Crl.M.C.s are disposed of, accordingly.