Three accused persons challenged a Sessions Court condition requiring cash deposit for anticipatory bail. The High Court held that given their local presence and existing conditions, the cash deposit was unnecessary and quashed that specific requirement.
Condition No. 7 directing deposit of ₹10,000 each to ensure presence during trial was lifted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 12TH DAY OF JUNE 2014/22ND JYAISHTA, 1936
Crl.MC.No. 2899 of 2014 ()
CRL.MP. NO.1644/2014 OF SESSIONS COURT, ALAPPUZHA. CRIME NO. 286/2014 OF PATTANAKKAD POLICE STATION, ALAPPUZHA DIST.
PETITIONERS/ACCUSED NOS.1, 2 AND 6:
1. S. NIDHEESHKUMAR, AGED 28 YEARS, S/O. B.N. SHAJI, BRAHMANAVELI, WARD NO. 6 OF KADAKKARAPPALLY PANCHAYATH, CHERTHALA.
2. VISHNU. K.THILAK, AGED 25 YEARS, S/O. THILAKAN, KIZHAKKETHAYYIL, WARD NO. 10, MARARIKULAM NORTH PANCHAYATH, CHERTHALA.
3. NIDHEESH CHANDRAN, AGED 22 YEARS, S/O. CHANDRASEKHARAN NAIR, KALAYANNAMPARAMBU, WARD NO. 9, KADAKKARAPPALLY PANCHAYATH, CHERTHALA.
BY ADV. SRI.B.PRAMOD.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.P. MAYA.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 2899 of 2014
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE I COPY OF THE ORDER DATED 21/05/2014 IN CRL.MP. NO.1644/2014 OF THE SESSIONS COURT, ALAPPUZHA.
RESPONDENT'S ANNEXURES:-
NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
K. RAMAKRISHNAN, J.
Criminal M.C. No.2899 of 2014
Dated this the 12th day of June, 2014
O R D E R
This criminal miscellaneous case is filed by
petitioners, who are accused Nos. 1, 2 and 6 to modify the condition imposed by the Sessions Judge in Crl.M.P.No.1644/2014 in Crime No.286/2014 of
Pattanakkadu police station of Alappuzha District under Section 482 of the Code of Criminal Procedure (hereinafter called ‘the Code’).
Crl. M.C. No.2899 of 2014
2
anticipatory bail with conditions inter-alia directing the petitioners to deposit 10,000/- each before the concerned₹ magistrate court for ensuring their presence during the trial proceedings. This condition is being challenged by the petitioners by filing this petition.
Public Prosecutor on the ground that there in no illegality in the order.
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arrayed as accused Nos. 1, 2 and 6 in Crime No.286/2014 of Pattanakkadu police station and as per Annexure-1 order, the learned Sessions Judge has granted anticipatory bail to the petitioners with conditions inter-alia that they shall deposit 10,000/- each before the concerned magistrate₹ court for ensuring their presence during trial proceedings. There are other conditions imposed by the court below, which will be sufficient for procuring the presence of the petitioners as well. Further, it is seen from the cause title that petitioners are belonging to the same locality and there is nothing to indicate that they will not be available for interrogation or trial. So under the circumstances, insisting for cash security for granting bail is not necessary and that practice has been deprecated by this court in some of the decisions of this court as poverty of a person should not stand in the way of getting bail if he is otherwise entitled to get bail. So under the circumstances, this court feels that,
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Crl. M.C. No.2899 of 2014
there is no necessity to retain condition No.7 directing the petitioners to deposit 10,000/- each before the concerned₹
magistrate court and that condition can be lifted.
So the criminal miscellaneous case is allowed to
that extent and condition No.7 is lifted.
Sd/-
K. Ramakrishnan, Judge
// True Copy//
P.A. to Judge
ss
1 issue framed by the court
Whether the condition directing accused to deposit cash for bail purposes is necessary in the facts of the case.
2 provisions across 2 enactments
S. Nidheeshkumar
Vishnu. K.Thilak
Nidheesh Chandran
State of Kerala
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
