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2025 Supreme(SC) 1380

SUPREME COURT OF INDIA
B.V. NAGARATHNA AND SATISH CHANDRA SHARMA, JJ.
Mukesh Kumar And Others – Appellant
Versus
State through rep., by the Inspector of Police and Another - Respondent
Criminal Appeal No. 263 of 2025 (@ SLP(Criminal) No. 10871/2024)
Decided on : 17-01-2025

Headnote:(A) Indian Penal Code, 1860 - Sections 406, 420, 468, 120B - Code of Criminal Procedure, 1973 - Section 438 - Anticipatory bail - Condition for bail involving deposit of Rs.30,00,000/- challenged by appellants - Court found that the imposition of the condition was excessive and allowed the appeal, deleting the monetary deposit requirement but retaining other conditions. (Paras 4, 8)

Facts of the case:
The appellants sought anticipatory bail concerning offenses under IPC Sections as per FIR No.213 of 2023. The High Court granted bail under specific conditions, including a high financial deposit.

Findings of Court:
The Supreme Court found the requirement for a monetary deposit in the bail condition excessive and unnecessary for the granting of anticipatory bail.

Issues: The main issue was the legality of imposing a substantial monetary deposit as a condition for anticipatory bail.

Ratio Decidendi: The court ruled that while bail conditions are permissible, excessive financial deposits cannot be mandated and the appellants are to cooperate fully in the trial.

Result: Appeal allowed, condition for monetary deposit removed.

Table of Content
1. challenge to bail conditions imposed by high court. (Para 2 , 3 , 4)
2. appellants contest imposition of bail condition. (Para 5)
3. court finds merit in deleting bail conditions. (Para 6 , 7)
4. conditions for bail must ensure cooperation in trial. (Para 8)
5. final ruling allows appeal with specified conditions. (Para 9)

ORDER :

1. Leave granted.

2. This appeal challenges the judgment and order dated 05.07.2024 passed by the High Court of Madras, in Crl.O.P.No.14070 of 2024.

3. Apprehending arrest in connection with a crime registered pursuant to First Information Report No.213 of 2023 dated 20.09.2023 lodged with Police Station Mambalam, District T. Nagar, in respect of offences punishable under Sections 406 , 420, 468 and 120B of the INDIAN PENAL CODE , 1860, the appellants preferred an application before the High Court seeking anticipatory bail in terms of Section 438 of the Code of Criminal Procedure, 1973 ("the Code" for short).

4. The High Court, vide impugned interim order dated 05.07.2024, granted interim anticipatory bail to the appellants herein and imposed multiple conditions upon the appellants for the same, amongst which a condition imposed by the High Court was as under:

    "7. Accordingly, each of the Petitioners are directed to deposit a sum of Rs.10,00,000/-(Rupees Ten Lakhs only) totally a sum of Rs.30,00,000/- (Rupees Thirty Lakhs only) to the credit of Crime No. 213 of 2023 and on such deposit, the petitioners are ordered to be released on interim anticipatory bail on executing a bond for a sum of Rs. 10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XVII Metropolitan Magistrate, Saidapet..."

5. Challenging the imposition of the aforesaid condition for grant of bail, the appellants have preferred the present criminal appeal.

6. This Court, vide its order dated 20.08.2024, issued notice in the instant matter. Heard learned counsel for the appellants in support of the appeal and learned counsel for the respondent-State and perused the material on record.

7. Considering the facts on record, in our view, the case for deletion of the aforesaid condition for grant of anticipatory bail is made out.

8. We, therefore, allow this appeal and direct as under:

It is directed that the appellants shall extend complete cooperation in the trial of the instant case. The appellants shall not misuse their liberty in any manner. The other conditions imposed by the High Court are not interfered with.

Any infraction of the conditions shall entail cancellation of bail granted to the appellants.

9. With these observations, the appeal is allowed.

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