Gokul @ Nandu vs State Of Kerala
2023 Latest Caselaw 3989 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                      CRL.MC NO. 2766 OF 2023
 AGAINST THE ORDER/JUDGMENT CRMP 671/2023 OF SPECIAL JUDGE COURT
                   FOR TRIAL OF SC/ST CASES, TVM
PETITIONER/ACCUSED:

          GOKUL @ NANDU
          AGED 28 YEARS
          S/O RAMACHANDRAN NAIR, SARASWATHY VILASOM,
          KURISSUMUTTOM, PERUKAVU, VILAVOORKAL VILLAGE, NOW
          RESIDING AT PALAKKAL PATHIRATH PUTHEN VEEDU, NEAR SREE
          BHADRAKALI TEMPLE, CHOWALLOOR, VILAPPILSALA,
          THIRUVANANTHAPURAM., PIN - 695543

          BY ADVS.
          G.RANJU MOHAN
          M.SANTHI (K/868/2011)
          ARYA S.



RESPONDENT/COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          PIN - 682031

    2     AMBALIKA ( SOUGHT TO BE IMPLEADED )
          D/O. ANANDAVALLI, THEKKUVILA VEEDU, NEAR SASTHA
          PADIKKAL MAHADEVA TEMPLE, PATHANAPURAM TALUK, KOLLAM
          ( SOUGHT TO BE IMPLEADED )


OTHER PRESENT:

          Renjit George-Sr.PP




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. 2766/2023
                                     2

                                   ORDER

Dated this the 30th day of March, 2023

The petitioner is the accused in Crime No. 18 of 2023 of

Thampanoor Police Station, registered for offences under

Section 376(2)(n), 312 and 506(i) of the Indian Penal Code

and Section 3(2)(v) of Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act. The petitioner was

arrested in connection with the crime on 29.01.2023 and was

granted bail as per Annexure AI order dated 15.03.2023,

subject to certain conditions. Condition No.1 require the

petitioner's sureties to produce his/her title deed of the

property before the court below. This Crl.M.C. is filed seeking

to delete the above condition.

2. Learned counsel for the petitioner submitted that, by

reason of the onerous condition, the petitioner is continuing in

custody even after being granted bail. Reliance is placed on

the decisions in Faisal v. State of Kerala (2010(1) KHC 922)

and Madhu K v. State of Kerala (2014 (1) KHC 623) to Crl.M.C. 2766/2023

contend that, while granting bail, the court should not impose

conditions which are impossible of performance.

3. Heard learned Public Prosecutor also.

4. I find substantial merit in the contention urged by the

learned counsel for the petitioner that the courts should be

cautious while imposing conditions for granting bail. The

conditions should not have the effect of defeating the bail

order itself by reason of its impossibility of performance. In

the instant case, the objectionable condition, requiring the

sureties to produce title deeds has resulted in the petitioner

continuing in jail in spite of being granted bail. The legal

position, as laid down in Faisal (supra), is that, the

satisfaction of the court should be whether the sureties are

solvent to the extent of the bond amount offered by them. In

the case at hand, the court has set the bond amount at

Rs.1,00,000/-. Therefore, the consideration should be

whether the sureties are solvent to the extent of

Rs.1,00,000/-. For that purpose, the title deeds need not be

produced.

Crl.M.C. 2766/2023

For the aforementioned reasons, this writ petition is

disposed of by modifying condition No.1 as under;

"The sureties shall produce documents for proving

their solvency to the extent of Rs.1,00,000/-."

Sd/-

V.G.ARUN JUDGE

sb Crl.M.C. 2766/2023

APPENDIX OF CRL.MC 2766/2023

PETITIONER ANNEXURES

AnnexureA1 TRUE COPY OF THE ORDER IN CRIMINAL MP NO.

671/2023 DATED 15-03-2023 PASSED BY THE HON'BLE SPECIAL JUDGE (SESSIONS JUDGE), SPECIAL COURT FOR THE TRIAL OF CASES UNDER SC/ST (POA) ACT, THIRUVANANTHAPURAM