Allowed

Janeesh v. State of Kerala

Kerala HC22 Feb 2012Crl.MC/182/2012

Case brief

AI extract

What is this about?

The High Court held that imposing cash security conditions that the accused could not fulfill effectively denied bail. The court set aside the order requiring cash security and ordered the release of the petitioner on bail against a bond with sureties.

What did the court decide?

Condition requiring cash security vacated; petitioner released on bail on executing a bond of Rs.60,000/- with two solvent sureties.

Janeesh Vs State of Kerala — Bail and Remand | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN

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WEDNESDAY, THE 22ND DAY OF FEBRUARY 2012/3RD PHALGUNA 1933

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Crl.MC.No. 182 of 2012 (C)

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CRL.M.C.2456/2011 of COURT OF SESSIONS, TRIVANDRUM IN CMP.2998/2011 of C.J.M.,TRIVANDRUM

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PETITIONER(S):

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JANEESH AGED 25,S/O.JAMES RESIDING AT GEETHA BHAVAN BEHIND ST.XAVIERS SCHOOL PALLIMUKKU,PEYAD VILAPPIL VILLAGE FROM PAYYAPPALY VEEDU NEAR NADUVATTOM CHURCH KALADY VILLAGE ALUVA TALUK,ERNAKULAM DISTRICT

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BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR)

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COMPLAINANT(S):

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STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM KOCHI 682 031

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THE SUB INSPECTOR OF POLICE

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RAILWAY POLICE STATION,

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THIRUVANANTHAPURAM.

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BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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amk

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P.S.GOPINATHAN, J

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----------------------------

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Crl.M.C.No. 182 OF 2012

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-------------------------Dated this the 22^nd day of February, 2012.

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O R D E R

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In this petition under Section 482 of the

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Code of Criminal Procedure, the petitioner assails Annexure A1 and A2 orders.

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The brief facts of leading to this petition is that the petitioner is an accused in Railway Crime No.73/2011 for offence under Section 380 IPC.

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By Annexure A1 order, the Chief Judicial Magistrate granted bail. One of the condition in the order is that the petitioner shall deposit Rs.50,000/- as cash security. Aggrieved by the said condition, the petitioner moved the Sessions Judge, Thiruvananthapuram. By Annexure A2 order, the Additional Sessions Judge reduced the cash security

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to Rs.25,000/-. Assailing the order to furnish cash

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Crl.M.C.No. 182 OF 2012 2

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security, this petition is filed.

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Having heard either side, I find that the

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petitioner is not in a position to furnish cash security for the amount for Rs.25,000/- as mentioned in Annexure A2. If Annexure A2 order is allowed to sustain, practically it would amount to declining bail. Though it is brought out that the petitioner was involved in three other cases and one case ended in conviction and in the other two cases he is on bail, I find that the learned Magistrate having granted bail, it is not appropriate to impose conditions which could not be performed. Therefore, I find that Annexure A2 order confirming the Annexure A1 order requiring the petitioner to furnish cash security is liable to be interfered and set aside.

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Crl.M.C.No. 182 OF 2012 3

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In the result, by allowing this petition the condition in Annexure A1 and Annexure A2 orders that the petitioner shall furnish cash security shall stand vacated. Instead, the petitioner shall stand released on bail on executing a bond for Rs.60,000/(Rupees Sixty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the trial court. The condition Nos.3 and 4 in Annexure

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A1 order are sustained.

Sd/-

P.S.GOPINATHAN,

JUDGE

//True Copy//

P.A to Judge

Janeesh v. State of Kerala

Case brief

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Janeesh v. State of Kerala

Case brief

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