Court must avoid imposing onerous bail conditions, particularly requiring sureties to be close relatives, as it may result in undue hardship for the accused.

ORDER

The petitioner is the accused in S.C. No.

522/2023 on the files of the Additional Sessions Judge- VII, Ernakulam (‘Trial Court’, for short), which has originated from Crime No. 10/2020 of the Excise Range Office, Mattancherry, alleging the commission of the offences punishable under Section 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act , 1985.

2. The petitioner has stated in the Criminal Miscellaneous Case that he was enlarged on bail by the Trial Court as per Annexure 1 order subject to conditions. As per condition No. (1), the petitioner was directed to execute a bail bond for Rs. 50,000/- with two solvent sureties, of whom one shall be the parent or close relative. Neither the petitioner's parents nor relatives are willing to stand as sureties to the petitioner. It is well settled that the courts shall not impose onerous conditions; particularly that the sureties should be close relatives (Read: Kathika Pradeep v. State of Kerala ( 2025 KHC OnLine 1915 )). In light of the above exposition of law, condition No. (1) may be suitably modified/deleted.

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

4. In Kathika Pradeep’s case (supra), this Court has categorically held that the Court should not insist for the surety to be a close relative since it may lead to hardships and inconvenience to the accused, who may have to continue to be incarcerated in jail.

5. Taking into consideration the above law and the fact that the petitioner’s parents or his relatives are not willing to stand as sureties, I am convinced and satisfied that condition No. (1) in Annexure 1 order is to be suitably modified, by permitting the petitioner to offer the solvent sureties of his choice. Thus, I am inclined to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, and allow the Crl. M.C.

In the aforesaid circumstances, I allow the Crl.M.C. by modifying Condition No. (1) and permitting the petitioner to execute a bond for Rs. 50,000/- with two solvent sureties of his choice, but subject to the satisfaction of the Trial Court.