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Judgment
5 paragraphs · 203 wordsM. Sasidharan Nambiar, J.—Petitioner, the accused in C.P. No. 160/2009 on the file of Sessions Court, Kasaragod, was granted bail by Annexure-A1 order on conditions. This petition is filed u/s 482 of Code of Criminal Procedure to quash the condition to make a cash deposit of Rs. 25,000/-.
Learned Counsel appearing for the Petitioner and learned Public Prosecutor were heard.
Learned Sessions Judge was not justified in directing an accused to make a cash deposit of Rs. 25,000/- to release him on bail. No purpose will be served by directing an accused to make a cash deposit. If an accused is not having the financial capacity, if such a condition is imposed, it would be virtually denying the bail. If the accused is having the capacity, by directing to make a cash deposit of Rs. 25,000/-, it will not effect him.
The direction to make a cash deposit to release an accused on bail is not just and proper. Therefore, the direction in Annexure-A1 order to make a cash deposit of Rs. 25,000/- is illegal and it is to be quashed.
Petition is allowed. The direction in Annexure-A1 order to make a cash deposit of Rs. 25,000/- is quashed.