Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J.
Vishnu Sajanan, S/o Sajanan – Appellant
Versus
State Of Kerala – Respondent
Crl.MC No. 10253 of 2023
Decided on : 29-11-2023
Default Bail - Imposition of Stringent Conditions - The court held that default bail is a statutory right of an accused and cannot be denied by imposing stringent conditions that cannot be complied with. The court emphasized that conditions imposed in default bail should only ensure the accused's appearance before the court and cooperation with the investigation, and imposing arbitrary conditions amounts to infringement of the fundamental rights of the detenue.
Fact of the Case:
The petitioner sought bail under Section 167(2) of the Code of Criminal Procedure, 1973 due to the investigation not being completed within the statutory period. The Sessions Court granted bail with stringent conditions, which the petitioner contested as onerous due to the inability to fulfill them.
Finding of the Court:
The court found that default bail is a statutory right of the accused and cannot be denied by imposing stringent conditions. It held that the conditions imposed should only ensure the accused's appearance before the court and cooperation with the investigation.
Issues: The issues revolved around the imposition of stringent conditions while granting default bail and the statutory rights of the accused under Section 167(2) of the Code of Criminal Procedure, 1973.
Ratio Decidendi: The court's decision was based on the interpretation of Section 167(2) of the Code of Criminal Procedure, 1973, and the principle that default bail is a statutory right that cannot be circumvented by imposing onerous conditions.
Final Decision: The court set aside the onerous conditions imposed in the bail order and directed the sureties to produce tax receipts instead of original title deeds of their property.
ORDER :
The point to be decided in this case is whether stringent conditions can be imposed while granting default bail under Section 167(2) of the Code of Criminal Procedure, 1973 (for short, Cr.P.C.).
2. Petitioner is arrayed as 1st accused in Crime No.1295/2023 registered by Cheranalloor Police Station. The above case is registered alleging offences punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, Act 1985).
3. The prosecution case is that, on 12.09.2023 at about 04.55 P.M. the accused persons were found inside a hotel room at Edapally, in possession of 1.75 grams of MDMA kept hidden beneath the bed which was placed next to the northern wall of the room. The petitioner was arrested from the alleged place of occurrence and was produced before the jurisdictional Magistrate and was sent to judicial custody.
4. The petitioner filed two bail applications before the Sessions Court and those bail applications were dismissed by the learned Sessions Judge. Thereafter, the petitioner filed Crl.M.C.No.3258/2023 before the Sessions Court, Ernakulam, for bail, because the investigation was not completed within the statutory period of sixty days. The learned Sessions Judge allowed that petition as per Annexure-A1 order, with the following conditions:
2. The petitioner shall appear before the investigating officer on every Saturdays between 10.00 am and 11.00 am, till the final report is filed.
3. One of the sureties shall be a close relative of the petitioner. The relative is not solvent, there shall be 3 sureties, of which one shall be the relative and others solvent sureties.
4. The sureties shall produce the original title deeds of their property along with a copy thereof. The original shall be returned after verification.
5. The petitioner shall not intimidate or influence the witnesses or interfere with the investigation.
6. The petitioner shall not involve in any other crime during the bail period.
7. The petitioner shall not leave the State without the leave of the jurisdictional Court.
8. In case of violation of any of the conditions, the bail granted to the petitioner will result in cancellation of bail.”
5. The petitioner is aggrieved by Condition Nos.(3) and (4) in the impugned order. It is stated that the petitioner hails from a poor family and his family does not own any land of their own. It is also stated that the relatives of the petitioner are not willing to stand as surety for him. It is submitted that the petitioner remains in custody even after the bail order and he is unable to furnish bail bonds due to the unwarranted conditions, especially Condition Nos.(3) and (4) in Annexure-A1 order. Therefore this Criminal Miscellaneous Case is filed to set aside Condition Nos.(3) and (4) in Annexure-A1 order granting bail.
6. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
7. On a perusal of Annexure-A1, it is clear that the petitioner was granted default bail. There is no dispute on that from the prosecution also. Default bail is granted based on Section 167(2) Cr.P.C. Section 167 (2) says that, after the period of detention mentioned in it, the accused shall be released on bail if he is prepared to and does furnish bail. It is the statutory right of an accused to get released based on default bail. When default bail is granted, there cannot be any stringent conditions. The Apex Court in Shaik Nazneen v. State of Telangana and Others [2023 (9) SCC 633] considered this point. Relevant portion is extracted hereunder:
Excessive bail conditions infringe personal liberty and violate the constitutional right to a fair trial under Article 21.
An accused has an indefeasible right to default bail/statutory bail under Section 167(2), Cr.P.C. when the investigation is not completed within the specified period and no chargesheet is filed, and ....
The imposition of an impractical, unreasonable, and onerous time limit condition for furnishing bail and bonds at the time of granting default bail under Section 167(2) of the Code of Criminal Proced....
No condition of deposit of the alleged amount involved can be imposed while granting default bail/statutory bail under section 167(2) of Criminal Procedure Code.
The accused is entitled to default bail/statutory bail under Section 167(2) CrPC, subject to the conditions specified in the section. Imposing additional onerous conditions frustrates the purpose of ....
The court reaffirmed that bail is the rule and jail is the exception, emphasizing the need for fair trial rights and proper consideration of bail applications.
The main legal point established in the judgment is that the imposition of onerous conditions while granting default bail would frustrate the purpose of default bail under Section 167(2) CrPC, and su....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
