Kerala High Court: C.S. Dias, J., allowed the present petition while quashing the condition imposed by Sessions Judge for granting bail.
Petitioner was granted bail by Sessions Judge on the condition to deposit an amount of Rs 25,000 towards Corona Relief Fund and produce the receipt before the Court.
Petition was aggrieved with the above-said condition
“It is trite law that the grant of bail is a rule and that jail is only an exception. Undisputedly, the petitioner had applied and was granted bail under Section 167(2) of the Code of Criminal Procedure, which is his indefeasible right.”
Court relying on the Supreme Court decision in Moto Ram v. State of M.P., AIR 1978 SC 1594, wherein it was held that the imposition of cash security or deposit of any amount for grant of bail is unjust, irregular and improper.
Thus, in the present case, Court held that the condition imposed by the Sessions Judge is improper and unjust. Hence, the imposed condition is to be quashed.
Bench exercising its power under Section 482 CrPC, the jurisdictional Police is granted the requisite permission to the petitioner and the sureties to travel from Thrissur to Thalassery for the purpose of executing the bail bond before the jurisdictional Court. [Chinna Rao Swayamvarappu v. State of Kerala, 2020 SCC OnLine Ker 1412 , decided on 21-04-2020]
