Condition of Bail

Chinna Rao Swayamvarappu vs. State of Kerala (Crl MC TMP No. 7 of 2020)
DECIDED ON: 24th Day Of April, 2020
BENCH HIGH COURT OF KERALA: Justice C.S. Dias

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?

DECISION:
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.”

Related articles

How the term “reasonableness’ can be read where the legislation itself is silent about the restricted time period for moving no confidence motion?

Whether any restriction is to be read into Section 56 of the Gujarat Panchayat Act, 1993, for moving no confidence motion against the elected Sarpanch, after election.

Habeas Corpus petition sustainable against a remand order?

If the remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, a Habeas Corpus petition would indeed lie. Equally, if an order of remand is passed in an absolutely mechanical manner, the person affected can seek the remedy of Habeas Corpus. Barring such situations, a Habeas Corpus petition will not lie.

Can High Court entertain a writ petition, notwithstanding the existence of Arbitration Clause in the contract?

The High Court may entertain a writ petition, notwithstanding the availability of an alternative remedy.

Who is third Gender and why legal recognition of this Gender is important?

Discrimination on the basis of sexual orientation or gender identity includes any discrimination, exclusion, restriction or preference, which has the effect of nullifying or transposing equality by the law or the equal protection of laws guaranteed under our Constitution

Whether Fundamental Rights can be amended or not?

Fundamental Rights are the primordial rights necessary for the development of human personality. They are the rights which enable a man to chalk out his own life in the manner he likes best. Our Constitution, in addition to the well-known fundamental rights, also included the rights of the minorities, untouchables and other backward communities, in such rights.

Latest articles

LEAVE A REPLY

Please enter your comment!
Please enter your name here