Imposition of bail conditions should not discriminate against individuals based on their place of residence.

ORDER :

The short point to be decided in this case is that, while imposing a condition in a bail order whether the Court can insist that sureties who have to execute the bond shall be from a particular district alone or from a particular State alone. This point is not res integra. The Apex Court and this Court consistently observed that, such conditions shall not be imposed while granting bail. Even then, some of the courts are imposing such conditions.

2. In this case, the petitioner is the accused in Crime No.8/2020 of Excise Range Office, Peerumedu, Idukki. The case is registered alleging offences punishable under sections 20(b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, ‘the Act’]. Now the case is pending as S.C(NDPS).No.52/2023 before the Special Judge for NDPS Act cases, Thodupuzha. The petitioner is a person who belongs to West Bengal.

3. The petitioner was released on bail as per order dated 16.07.2020 in Crl.M.C.No.52/2020 on an earlier occasion. Thereafter, when the petitioner was absent, his bail bond was forfeited and the case was transferred to the register of long pending cases. Subsequently, the presence of the accused was procured on 24.07.2023 and hence the long pending case was re-opened and the accused was remanded to judicial custody. Thereafter, the learned Special Judge as per order dated 07.09.2023 ordered release of the petitioner on executing a fresh bail bond for Rs.2 lakh with two solvent sureties each for the like sum. It is also stated in the order that, one of the sureties shall be from the district of Idukki and the sureties shall produce original title deeds for verification. Aggrieved by the conditions insisting that the sureties should be from the District of Idukki itself and also by the amount of the bail bond to be executed, this Crl.M.C is filed.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The famous writer Pydimarri Venkata Subba Rao composed a National Pledge in Telugu in 1962 while he was serving as the District Treasury Officer of Vishakhapatnam District of Andhra Pradesh. Later, the same was translated to other regional languages also. In 1964, the Central Advisory Board of Education at Bangalore, under the Chairmanship of M.C. Chagla issued direction that the National Pledge be read in schools. Thereafter, the National Pledge is recited in the morning assembly of most Indian schools. It starts like this:

‘India is my country. All Indians are my brothers and sisters. ……………………………………………’

6. India is a country consisting of several States with different languages. But, from our childhood, it is a pledge we have all taken to the effect that we are all brothers and sisters. There is no Keralite alone or Bengali alone or Kannadiga alone or Tamilian alone. All are brothers and sisters. The Apex Court in Moti Ram and Ors. v. State of Madhya Pradesh [AIR 1978 SC 1594] observed like this:

“31. It shocks one's conscience to ask a mason like the petitioner to furnish sureties for Rs. 10,000/-. The magistrate must be given the benefit of doubt for not fully appreciating that our Constitution, enacted by “We, the People of India”, is meant for the butcher, the baker and the candle-stick maker-shall we add, the bonded labour and pavement dweller.

32. To add insult to injury, the magistrate has demanded sureties from his own district; (We assume the allegation in the petition). What is a Malayalee, Kannadiga, Tamilian or Andhra to do if arrested for alleged misappropriation or theft or criminal trespass in Bastar, Port Blair, Pahalgam or Chandni Chowk? He cannot have sureties owning properties in these distant places. He may not know any one there and might have come in a batch or to seek a job or in a morcha. Judicial disruption of Indian unity is surest achieved by such provincial allergies. What law prescribes sureties from outside or non-regional language applications? What law prescribes the geographical discrimination implic