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2026 Supreme(Online)(Ker) 16912
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
HARILAL @ VAVA – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 302 OF 2026 | CRIME NO.909/2025
For the Appellants/Petitioners: SHRI.GODWIN JOSEPH
For the Respondents: Smt. C.Seena
The court affirmed the right to bail under reasonable conditions despite the inability to provide sureties.
Headnote:This case involves a petitioner, facing trial for multiple offences including serious charges under the BNS, POCSO Act, and IT Act, seeking release on bail due to inability to furnish sureties. The court found the petitioner has been in custody for over 230 days and directed bail on self-executed bond and cash deposit. The court concluded granting bail is permissible by imposing reasonable conditions based on the circumstances of the case.
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| 1. bail granted based on personal bond and cash security despite inability to provide sureties. (Para 1) |
O R D E R
(Dated this the 03rd day of March, 2026)
The 2nd accused in Crime No. 909 of 2025 of Pudukkad Police Station, Thrissur filed this Crl.MC under Section 528 BNSS praying for releasing him on personal bond as he is not in a position to bring solvent sureties to the satisfaction of the trial court. According to the learned Counsel for the petitioner, the petitioner is in custody for the last more than 230 days. The petition was opposed by the learned Public Prosecutor.
2. The petitioner is facing trial for the offences punishable under Sections 65 , 75(1)(i), 75(1)(iv), 78(1)(ii), 319(2), 332(b), of B NS , Sections 3 (a) r/w 4(2), 5(I) r/w 6,7 r/w 8, 11(i), 11(iv), 11(v) r/w 12 of POCSO Act and Section 67B (b) of IT Act . He is in custody since 14.07.2025. Though the trial court has granted him bail, he could not produce two solvent sureties as directed by the learned Sessions Judge. At the time of the arguments, the learned Counsel has agreed to deposit a sum of Rs.15,000/- as security instead of producing two sureties. In the above circumstances, there will be a direction to the Addl.Sessions Judge, Thrissur to release the petitioner on bail on executing self bond and as depositing cash security of Rs. 15,000/-, without insisting for further sureties. The sessions judge is permitted to impose any other reasonable conditions, while granting bail.
Sd/-
