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2007 Supreme(Online)(KER) 20823

HIGH COURT OF KERALA
R.BASANT, J
JAMES JOSEPH – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SRI.JOSE J.MATHAIKAL, P.P. SRI. GIKKU JACOB

ORDER

The petitioner faces allegations in a crime registered under Secs.489B and C of the IPC. The petitioner was arrested on 18/5/07. He continues in judicial custody. Default bail under Sec.167(2) of the Cr.P.C. was granted to him as per the order of the learned Magistrate dated 18/9/07. The bail was granted subject to conditions. The petitioner is aggrieved by a condition imposed. According to him, the said condition is too onerous for him to comply now. He is in custody. He has no one to look after his interest. Insistence on the condition obliges the petitioner to continue in custody. Till today i.e., 12/11/07, the petitioner has not been able to avail the advantage or benefit of the order granting bail dated 18/9/07. In these circumstances, he prays that the said condition may be deleted.

2. The said condition is that the sureties must produce solvency certificates for the amount of Rs.50,000/- before executing the bond. It is also submitted that they should have independent title to the properties and solvency certificates issued on joint property will not be accepted. The learned counsel for the petitioner submits that these conditions are working out great injustice against

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