1. Petition to relax bail condition requiring cash deposit — Accused facing trial under Section 138, NI Act. (Para 1 , 2 )
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2026 Supreme(Online)(Ker) 65123
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Sabukumar – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 6517 OF 2024
Advocates:
For the Appellants/Petitioners: K.C. Sudheer
For the Respondents: P.V. Anoop, Phijo Pradeesh Philip, Zubair Pulik kool
For the Appellants/Petitioners: K.C. Sudheer
For the Respondents: P.V. Anoop, Phijo Pradeesh Philip, Zubair Pulik kool
The court held that onerous bail conditions, specifically cash security deposits, may be modified to a bond with solvent sureties if the petitioner proves financial incapacity and health issues, ensuring the accused's appearance for trial without imposing an unjustifiable financial burden.
Headnote:(A) Bail Conditions - Modification of Cash Security - Substitution of cash deposit with a bond and solvent sureties is permissible where the petitioner demonstrates financial incapacity and medical hardship. (Para 6)
Issues: Whether the condition to deposit cash security for bail can be modified to a bond with sureties.
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2. Petitioner argued condition of cash security was onerous due to illness and lack of means; respondent opposed. (Para 3 , 4 )
3. Court found petitioner's submission to substitute cash security with bond and sureties reasonable and justifiable. (Para 5 , 6 )
4. A court may modify onerous bail conditions by substituting cash security with bond and solvent sureties. (Para 7 )
5. Petitioner to execute bond with two solvent sureties; trial court to recall warrant and expedite trial. (Para 7 )
6. Can a court modify an onerous bail condition requiring cash deposit on grounds of illness and financial incapacity?
Yes, the court may substitute cash security with a bond and solvent sureties if reasonable and justifiable. (Para 6 , 7 )
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.10.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 01st day of October, 2026
This petition is filed to relax the condition imposed in Annexure-A1 proceedings, directing the petitioner to execute a bond for Rs.3/- lakh and to deposit a cash security of the Rs.50,000/- for the purpose of enlarging him on bail.
2. The petitioner is the accused in S.T.No.145/2018 on the file of the Special Court of the Judicial First Class Magistrate (NI Act Cases), Kozhikode (‘Trial Court’, in short), on a complaint filed by the 2nd respondent alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘N.I.Act’, in short).
3. It is the petitioner’s case that, when the case was posted for the cross examination of the complainant, the petitioner was absent. The Trial Court immediately recorded that there was no representation for the petitioner and issued a non-bailable warrant against him. Though the petitioner surrendered before the Trial Court on 20.12.2023, the Trial Court has directed him to execute a bond and deposit cash security of Rs.50,000/-. The said condition is onerous and unjustifiable. The petitioner is suffering from liver cirrhosis. The petitioner does not have the means to make the cash deposit. Hence, the said condition may be modified.
4. I have heard the learned Counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the 2nd respondent.
5. Admittedly, the petitioner was enlarged on bail by the Trial Court. It is because the petitioner did not comply with the bail conditions, the Trial Court has directed him to make deposit of Rs.50,000/- cash to ensure that he appears before the Trial Court for the trial.
6. The learned counsel for the petitioner submits that, since the petitioner is suffering from liver disease and does not have the financial capacity to make the cash deposit, he may be permitted to execute a bond for any amount fixed by this Court with two solvent sureties in substitution of cash security. I find the said submission to be reasonable and justifiable.
7. In the above circumstances, I modify the proceedings dated 20.12.2023, by directing the petitioner to execute a bond for Rs.23,00,000/- with two solvent sureties for the like sum for the satisfaction of the Trial Court within two weeks from today.
If the petitioner executes a bond with two solvent sureties as ordered above, the Trial Court shall recall the non-bailable warrant and proceed with the trial in accordance with law.
Considering the fact that the complaint is of the year 2018, I direct the Trial Court to consider and dispose of the complaint in accordance with law and as expeditiously as possible, at any rate, within an outer time limit of two months from today (01.10.2026).
