The court has the discretion to modify a bail condition imposed by a lower court.

Headnote:
BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 20(B)(II)(B) - MODIFICATION OF BAIL CONDITION - SURETY - ORIGINAL TITLE DEEDS - COURT'S DISCRETION
Fact of the Case:

The petitioner, a Bengali coolie worker, was arrested under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Sessions Court granted him bail on the condition that he furnish a bond for Rs. 2 lakh with three solvent sureties, one of whom should be a close relative. The petitioner moved the Sessions Court to modify the condition, stating that he had no relatives in Kerala. The Sessions Court modified the condition, directing that the sureties should be residents of Kerala with either immovable property or employment in the government.
Finding of the Court:

The court noted that the petitioner was a Bengali coolie worker and that he was not able to arrange sureties who were ready to deposit their original title deeds before the court. The court held that if the condition imposed was not altered or modified, the petitioner would not be able to execute the bond or to come out of jail.
Issues: Whether the court could modify the bail condition imposed by the Sessions Court.
Ratio Decidendi: The court held that it had the discretion to modify the bail condition imposed by the Sessions Court. The court considered the fact that the petitioner was a Bengali coolie worker and that he was not able to arrange sureties who were ready to deposit their original title deeds before the court. The court also considered the fact that the petitioner had been in jail for a considerable period of time.
Final Decision: The court allowed the petitioner's application and modified the bail condition. The court directed the petitioner to make a cash deposit of Rs. 20,000/- and execute a bond for Rs. 2,00,000/- with two solvent sureties, who were residents of Kerala. The sureties were required to produce their original title deeds for verification, and a photocopy of that document was to be appended with the original tax receipt of the current year.

O R D E R

The petitioner is the accused in Crime No.34 of 2021 of Chathannur Excise Range, registered under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985. The learned Sessions Judge granted bail to the petitioner on condition that he has to execute bond for Rs.2 lakh with three solvent sureties each for the like sum to the satisfaction of the Principal Sessions Court, Kollam and on further condition that one of the sureties shall be a close relative of the petitioner.

2. Subsequently, the petitioner moved the Sessions Court to modify that order, stating that as he is a native of West Bengal, no relative is available for him in Kerala. The Sessions Court modified that condition directing that “The sureties shall be residents of Kerala, having either immovable property in the State of Kerala or employment in the Government of Kerala or Government of India. If the sureties are persons having immovable property as mentioned above, they shall produce original title deeds and current tax receipts with respect to the property”. Since the petitioner is a Bengali, sureties are not willing to produce their title deeds and so he has approached this Court to modify that condition.

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

4. Learned counsel for the petitioner contended that the petitioner is a Bengali coolie worker and he is not able to arrange sureties who are ready to deposit their original title deeds before the court. If the condition imposed is not altered or modified, the petitioner will not be able to execute the bond or to come out of jail.

Considering the above fact, this Court is inclined to modify the bail condition as follows:

The petitioner is directed to make cash deposit of Rs.20,000/- (Rupees Twenty thousand only) before the trial court and execute bond for Rs.2,00,000/- (Rupees Two lakh only) with two solvent sureties, who are residents of Kerala. The sureties shall produce their original title deeds for verification, and a photocopy of that document to be appended with the original tax receipt of the current year. After verification, the original title deed has to be returned to the sureties. Other conditions in the bail order dated 21.12.2021 of the Principal Sessions Court, Kollam will be in place.

This Crl.M.C is allowed as above.

Sd/-

SOPHY THOMAS JUDGE smp APPENDIX OF CRL.MC 47/2022 PETITIONER ANNEXURES Annexure A A TRUE COPY OF THE ORDER DATED

21.12.2021 IN CRL.M.C. NO.2373/2021 OF THE SESSIONS COURT, KOLLAM.

Annexure B A TRUE COPY OF THE ORDER DATED

28.12.2021 IN CRL.M.P. NO. 1378/2021 IN CRL.M.C. NO. 2373/2021 OF THE SESSIONS COURT,KOLLAM.

True Copy P.S to Judge smp

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