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Rajesh @ Malakka Rajesh – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. challenge to bail condition (Para 1 , 2) |
| 2. arguments on conditions of bail (Para 3 , 4) |
| 3. court's analysis on statutory bail (Para 5 , 6 , 7) |
| 4. outcome and ruling of the court (Para 8 , 9) |
ORDER :
1. This petition is filed challenging Annexure-1 order passed by the learned Judicial Magistrate of First Class-I, Alathur, in Crl. M.P. No. 648/2023. The grievance of the petitioners concerns the direction issued by the learned magistrate to furnish cash security while granting statutory bail.
2. The petitioners herein are the accused Nos. 1 and 2 in Crime No. 1103/2022 of the Vadakkancherry Police Station. They are accused of having committed offenses punishable under Sections 406 and 420 r/w Section 34 of the IPC.
3. As the final report was not laid within the statutory period, an application for statutory bail was preferred and the same was allowed. One of the conditions imposed by the learned magistrate was a direction to the accused to deposit a sum of Rs. 50,000/- as cash security for appearance. In order to justify the direction to deposit cash security, the learned Magistrate has relied on a judgment rendered by the Apex Court in Sumit Mehta v. State, 2013 (2) KLD
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 discretion of the court to impose conditions for bail under Section 167(2) Cr.PC should be exercised based on the nature of the offence and the specific circumstances of the case.
No conditions of deposit of alleged amount can be imposed while releasing the accused on default bail/statutory bail under Section 167(2) Cr.P.C.
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 ....
Non-compliance with earlier bail conditions cannot be used against the accused when seeking statutory bail after the statutory period has expired.
Bail – Imposition of condition for deposit of bank guarantee as a pre-deposit for bail is not proper.
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