The court held that in the interest of judicial consistency and parity, where a specific bail condition has been relaxed for a co-accused in the same criminal case by an appellate order, the same relief should be extended to other similarly situated applicants.

ORDER

Dated this the 19^th day of May, 2026 This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order dated 14.03.2022 of the Enquiry Commissioner and Special Judge, Thalassery in C.M.P. No.34/2022 (wrongly stated in the petition as ‘C.M.P. No.114/2022’) in Crime No.1015/2013 of Valapattanam Police Station and to modify condition No.1, enabling the petitioner to be released on bail. The petitioner herein is the 2^nd petitioner/accused No.27 in the above case.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. Perused the impugned order and relevant materials available.

3. The learned Public Prosecutor brought attention of this Court to Annexure-VI order passed by this Court, when accused No.28 approached this Court, seeking modification of Condition No.1 in C.M.P. No.34/2022. The condition No.1 imposed by the Special Court in C.M.P.

No.34/2022 reads as under:

“(i) The petitioners shall furnish Fixed Deposit Receipt (FDR) for Rs.28,00,000/- (Twenty Eight Lakhs) each as security. The FDR can be taken by the petitioners or any other person. If FDR is produced it shall be kept in safe custody of this Court till the final disposal of the case or until further order. In the alternative the petitioners can produce security of immovable property for the above stated same value. If security of immovable property is furnished they have to produce original title deeds and back documents, land tax receipt, building tax receipt (if there is building) and valuation certificate obtained from the concerned Thahasildar for the property specifically obtained to produce to satisfy the condition of this petition and also produce encumbrance free certificate obtained from the concerned Registrar's Office. The documents if produced it shall be kept in safe custody of this Court. The title holder of the property/FDR shall execute an affidavit that he/she shall not create or release any right or interest in that property/FDR till the disposal of the case. If FDR is produced as the security, the charge over it shall be communicated to the bank with an instruction not to release any amount out of the FDR without an Order of this Court. If security of immovable property as above stated is produced the charge over the property shall be communicated the concerned Registrar's Office and Village Office where the property exists.”

4. As per Annexure-VI order dated 20.06.2022, this Court modified condition No.1 in the impugned order as under:

“The petitioner shall furnish Fixed Deposit Receipt for Rs.6 Lakhs (Rupees Six Lakhs only) as security or in the alternative, furnish security of immovable property for the same value.”

5. At the time of hearing, the learned counsel for the petitioner fairly conceded that, the petitioner is ready to deposit Rs.6 Lakh as imposed by this Court in Annexure-VI order.

6. In view of the above, this Crl.M.C. stands allowed in terms of Annexure-VI order, with direction to the petitioner to furnish Fixed Deposit Receipt for Rs.6 Lakh (Rupees Six Lakh Only) as security or in the alternative, furnish security of immovable property for the same value, for compliance of condition No.1 imposed by the Special Court. On such compliance, the bail bond is liable to be executed.

Registry is directed to forward a copy of this order to the Special Court, forthwith, for information and further steps.