Magistrate Cannot Impose Condition To Deposit Cash Security While Granting Default Bail: Kerala High Court Reiterates

The Kerala High Court reiterated the position that while granting statutory bail, the Magistrate cannot impose any other condition for deposit of cash security. 

The Single Bench of Justice Raja Vijayaraghavan V. relied upon the Apex Court decision in Saravanan v. State represented by the Sub Inspector of Police wherein it was held that while granting default bail/statutory bail under Section 167(2) Cr.P.C., the condition of deposit of amount cannot be imposed.

The bench noted that the Apex Court had clarified in the said decision that the only requirement for getting the default bail/statutory bail under Section 167(2), Cr.P.C. is that the accused is in jail for more than 60 or 90 days, as the case may be, and within 60 or 90 days, as the case may be, the investigation is not completed and no chargesheet is filed by 60th or 90th day and the accused applies for default bail and is prepared to furnish bail. 

The petitioners in the present case had been accused of committing offences punishable under Sections 406 (Punishment for criminal breach of trust) and 420 (Cheating and dishonestly inducing delivery of property) r/w Section 34 (common intention) of the IPC. Since the final report was not laid within the statutory period, an application for statutory bail was preferred by the petitioners which was allowed. However, the grievance of the petitioners is that the Magistrate had directed the accused to deposit a sum of Rs. 50,000/- as cash security for appearance, as a condition. 

Advocates Anand Kalyanakrishnan and C. Dheeraj Rajan appearing on behalf of the petitioners, argued that the two decisions namely, Sumit Mehta v. State (2013) and Lekha v. State (2019), relied upon by the Magistrate to justify the imposition of the condition to deposit cash security, only relate to the imposition of conditions while granting anticipatory bail. It was thus contended that since the petitioners were granted default bail in the present case, the Magistrate was not justified in imposing the said condition. 

The Court thus proceeded to observe that in view of the Apex Court decision in Saravanan (Supra), 

"no other condition of deposit of the amount involved can be imposed while granting statutory bail as it would frustrate the very object and purpose of default bail under S.167(2) of the Cr.P.C. The judgments relied on by the learned Magistrate were not applicable to the facts and circumstances".

The petition was thus allowed, and the condition to deposit the cash security was set aside. However, the Court clarified that all other conditions would remain the same. 

Public Prosecutor T.R. Renjith appeared on behalf of the respondent. 

Case Title: Rajesh @ Malakka Rajesh & Anr. v. State of Kerala 

Citation: 2023 LiveLaw (Ker) 271 

Click Here To Read/Download The Order