IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 Crl.MC.No. 4732 of 2010() ----------------------------------- CRIME NO.38/2008 OF CENTRAL POLICE STATION, KASARAGOD ............. PETITIONER(S): ACCUSED -------------------------------------- MOIDEEN SABEER,AGED 25 YEARS, S/O.SHEKALI,"MUBARAK MANZIL",KUKKAR, P.O.MANGALPADY KASARAGOD,KASARAGOD DISTRICT. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): COMPLAINANT ------------------------------------------------- THE SUB INSPECTOR OF POLICE,MANJESHWAR POLICE STATION,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4732 of 2010 -------------------------- ORDER 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 under Section 482 of Code of Criminal Procedure to quash the condition to make a cash deposit of Rs.25,000/-. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. 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. CRMC 4732/10 2 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. 2nd December, 2010 (M.Sasidharan Nambiar, Judge) tkv