Kerala High Court
Mahalingam vs State Of Kerala on 18 April, 2017
Author: K. Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 6TH DAY OF JULY 2017/15TH ASHADHA, 1939
Crl.MC.No. 4580 of 2017 ()
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CRMC 1240/2017 of D.C & SESSIONS COURT,TRIVANDRUM
CMP 1447/2017 of J.M.F.C.-I,NEYYATINKARA
CRIME NO.624/2017 OF NEYYATTINKARA POLICE STATION,
THIRUVANANDAPURAM
PETITIONER(S)/ACCUSED:
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1. MAHALINGAM,
AGED 35 YEARS, S/O.KRISHNAN,
DOOR NO 328, INTHRO COLONY,
KADAPAKULAM,
PERIMKOTTOOR DESOM,
SAKARANCOIL VILLAGE,
2. GANESAN,
AGED 39 YEARS,
S/O.SANKARAMANNYATHEVAR,
DOOR NO BA 36,VENKADESAPURAM,
VENKADESWARA DESOM,
KADANAGANERY VILLAGE,
THIRUNELVELI DISTRICT,
TAMIL NADU STATE.
3. MUHAMMED SHERIEF,
AGED 30 YEARS, S/O. ABDUL KABEER,
JOSEPH HOUSE, DOOR NO SN 95/27,
NEAR NEW BUS STAND,
NAGERCOIL VILLAGE,
THIRUNELVELI DISTRICT,
TAMIL NADU STATE.
BY ADV. SRI.LATHEESH SEBASTIAN
Crl.MC.No. 4580 of 2017 ()
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RESPONDENT(S)/STATE & COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM.
2. SUB INSPECTOR OF POLICE,
NEYYATTINKARA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT.
BY PUBLIC PROSECUTOR SRI. DHANIL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 06-07-2017, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
EL
Crl.MC.No. 4580 of 2017 ()
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APPENDIX
PETITIONER(S)' ANNEXURES
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ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO 624/2017
OF NEYYATTINKARA POLICE STATION
ANNEXURE A2 TRUE COPY OF THE ORDER DATED 18-04-2017 IN
CMP NO 1447/2017
ANNEXURE 3 COPY OF THE ORDER DATED 22-06-2017 OF
SESSIONS COURT, THIRUVANANTHAPURAM IN CRL
M.C NO 1240/2017
RESPONDENT(S)' ANNEXURE
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NIL
TRUE COPY
P.S. TO JUDGE
EL
K. ABRAHAM MATHEW, J.
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Crl.M.C No.4580 of 2017
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Dated this the 6th day of July, 2017
O R D E R
The petitioners were granted bail by the Sessions Judge, by Annexure A3 order in Crl.M.C No.1240/2017 in Crime No.624/2017 of Neyyattinkara Police Station. One of the conditions of bail is that their sureties shall produce solvency certificates.
2. Learned counsel for the petitioners submits that insisting on production of solvency certificate is illegal. He relies on the decision in Syamkumar vs. State of Kerala (2010 (4) KLT
405).
3. It appears that the direction to produce solvency certificate is very harsh. So, I am inclined to delete that direction.
In the result, this Crl.M.C is allowed. The direction in Crl.M.C.No.4580/2017 2 Annexure A3 order that the sureties of the petitioners shall produce the solvency certificate is deleted.
Sd/-
K. ABRAHAM MATHEW JUDGE smp