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[BREAKING] Condition To Deposit Amount In Corona Relief Fund For Bail Is Unjust & Improper: Kerala HC [Read Order]

Mehal Jain
22 April 2020 11:36 AM GMT
[BREAKING] Condition To Deposit Amount In Corona Relief Fund For Bail Is Unjust & Improper: Kerala HC [Read Order]
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The Kerala High Court on Tuesday quashed as "improper and unjust", the bail condition imposed by a Sessions Judge that the petitioner should deposit an amount of Rs 25,000/- towards the Corona Relief Fund. 

The Single Judge made reference to an earlier order of the High Court where, relying on the decision of the Supreme Court in Moti Ram v. State of Madhya Pradesh, it was held that the imposition of cash security or deposit of any amount for grant of bail is unjust, irregular and improper.

The Sessions Judge while granting bail to the petitioner had directed him to deposit an amount of Rs 25,000/- towards Corona Relief Fund and produce the receipt before the said Court. The petitioner, aggrieved by this, moved the High Court, arguing that the condition is onerous. He relied on the aforesaid decision, wherein the High Court has held that the courts while granting bail shall not direct the accused to make any cash deposit.

"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 Sec.167(2) of the Code of Criminal Procedure, which is his indefeasible right", observed the Justice C S Dias.

"In view of the above categoric declaration of law(Moti Ram), I find that Condition No.2 imposed by the learned Sessions Judge, that the petitioner should deposit an amount of Rs 25,000/- towards the Corona Relief Fund is improper and unjust. Hence, I quash the said condition", the judge ordered. 

It may be noted that the Jharkhand High Court that had last week allowed an anticipatory bail application subject to payment of Rs. 10,000 towards the Prime Minister Citizens Assistant Relief in Emergency Situation (PM CARES) Fund. []

Further, the same High Court had even granted bail to a former Member of Parliament and five others on the condition that they should deposit an amount of Rs 35,000 each in Prime Minister Citizens Assistance and Relief in Emergency Situations (PM-CARES) and show proof of payment before the court. 

The Madhya Pradesh HC has also imposed the condition of donation to PM CARES fund for grant of bail.  

Case Details
Title : Chinna Rao Swayamvarappu v State of Kerala
Case No : Crl MC (TMP) No. 5 of 2020
Bench     : Justice C S Dias
Appearances : Advocate Sri Rajit for petitioner; Public Prosecutor Smt.Sreeja.V.

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