Condition of Bail

Chinna Rao Swayamvarappu vs. State of Kerala (Crl MC TMP No. 7 of 2020)
DECIDED ON: 24th Day Of April, 2020

ISSUE DISCUSSED: Whether the condition while granting bail, directing the petitioner to deposit an amount of Rs 1,00,000/- as cash security, for the appearance and availability of the petitioner during trial of the case, a valid condition?

The petitioner was granted bail by the Sessions Court by order dated 11.3.2020 [Crl M.P No.515/2020]. However, the Sessions Court by condition No.2 directed the petitioner to deposit an amount of Rs 1,00,000/- as cash security, for the appearance and availability of the petitioner during trial of the case. Aggrieved by Condition No. 2 of the bail the petitioner filed the petition in Kerala High Court [Crl MC TMP No. 7 of 2020].

The High of Kerala took into consideration the decision of the Hon’ble Supreme Court in Moti Ram v. State of Madhya Pradesh [AIR 1978 SC 1594] and also the case of Kerala High Court bearing citation Crl M.C No.3830/2012 decided on 10.1.2013. The respective Courts in the above Judgments held that condition directing the accused to furnish cash security to be released on bail is unjust and improper.

The High Court then concluded by stating, “After having gone through the decision rendered by this Court in Crl M.C 3830/2012, wherein this Court has categorically held that it is improper and unreasonable for Courts to direct the accused to furnish cash security for being released on bail, and considering the facts and circumstances of the case, I am inclined to allow this Crl M.C
by deleting condition No.2 in paragraph 8 of the order dated 11.3.2020 in Crl M.P No.515/2020. The petitioner shall comply with all the other directions contained in the above order.”

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