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2007 Supreme(Online)(KER) 29216

HIGH COURT OF KERALA
R.BASANT, J
HANEEFA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.M.SASINDRAN SRI.K.P.HARISH

O R D E R

The petitioner faces allegations under Section 393 I.P.C. He was granted bail by the learned Chief Judicial Magistrate, Kasargod subject to conditions. The learned Chief Judicial Magistrate has insisted that the sureties must produce solvency certificates. The petitioner has remained in custody from 12/9/2007. The order granting bail was passed on 20/9/2007. Because of the insistence by the learned Chief Judicial Magistrate that the sureties must produce solvency certificates to prove their solvency, the petitioner is not able to get himself released on bail. The petitioner is in custody. He has no one to look after his interests outside. If it were insisted that the petitioner's sureties must produce solvent sureties, the petitioner will have to languish in prison for a long period of time. In these circumstances, the petitioner has come to this court with the prayer that insistence on production of solvency certificates rigidly may be dispensed with. The learned Chief Judicial Magistrate may be directed to consider the solvency of the sureties on the basis of whatever materials are produced by them and if satisfied, may be accepted without ritualistically insisting on pr

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