2025:KER:26807 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 27TH DAY OF MARCH 2025/6TH CHAITHRA, 1947 CRL.MC NO. 2717 OF 2025 CRIME NO.124/2024 OF KURUPPAMPADY POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED 11.12.2024 IN SC NO.1054 OF 2024 OF ADDITIONAL DISTRICT COURT & MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR PETITIONER/ACCUSED (IN CUSTODY): BHUPATI PATRA AGED 37 YEARS, S/O SUKHDEV PATRA, BADAPALASPAL VILLAGE, HARICHANDANPUR P.S LIMIT, KEONJHAR DISTRICT, ODISHA, NOW RESIDING AT QUARTERS OF STANDARD PLY COMPANY, KOTTECHIRA, METHALA KARA, ASAMANNOOR VILLAGE, PIN - 683549 BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL R.GAYATHRI M.MAHIN HAMZA ALWIN JOSEPH BENSON AMBROSE RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 CRL.MC NO. 2717 OF 2025 2 2025:KER:26807 2 THE STATION HOUSE OFFICER KURUPPAMPADY POLICE STATION, ERNAKULAM DISTRICT, PIN - 683545 SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 2717 OF 2025 3 2025:KER:26807 O R D E R Dated this the 27th day of March, 2025 Petitioner is the accused in Crime No.142 of 2024 registered at the Kuruppampady Police Station, Ernakulam, alleging commission of the offence punishable under Sections 324 and 302 of the Indian Penal Code. 2. The crime is registered on the allegation that, on 02.02.2024 at 05:00 am, due to previous enmity, the petitioner attacked Chinmaya Pathra, a relative and neighbour, with the blunt part of an axe and thereby caused his death. 3. The petitioner was arrested on 04.02.2024 and granted bail as per Annexure 1 order dated 11.12.2024. The conditions in Annexure 1 order requires the petitioner to execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two CRL.MC NO. 2717 OF 2025 4 2025:KER:26807 solvent sureties, one among whom should be from Odisha, his native place, and that person should also produce his original title deed with a copy and translated copy of the same. 4. Learned Counsel for the petitioner submits that even though his client is a native of Odisha, it is impossible for him to provide a surety with solvency from Odisha, who is willing to produce his title deed. 5. I heard the learned Public Prosecutor also. 6. The petitioner being a native of Odisha, there is substance in the submission that it will not be possible for him to furnish a surety from Odisha. The consequence is that, petitioner continues in jail, despite grant of bail. 7. As has been repeatedly held by the constitutional courts, it is not a crime to be poor and CRL.MC NO. 2717 OF 2025 5 2025:KER:26807 there cannot be any regional or state wise discrimination in the matter of bail. Hence, the condition in Annexure 1 order, requiring one of the sureties to be from the state of Odisha, is quashed. The Crl.M.C is disposed of accordingly. Sd/- V.G.ARUN JUDGE ARK CRL.MC NO. 2717 OF 2025 6 2025:KER:26807 APPENDIX OF CRL.MC 2717/2025 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE ORDER DATED 11.12.2024 IN CRL.M.P NO.2877/2024 IN S.C. NO. 1054/2024 PASSED BY HONOURABLE ADDITIONAL SESSION’S COURT-I, NORTH PARAVUR ANNEXURE 2 TRUE COPY OF THE SIMILAR ORDER DATED 27.11.2023 IN B.A. NO.4528/2021