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Grant Of Bail On Condition To Deposit Cash Amount In Corona Relief Fund Is Improper & Unjust: Kerala HC

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A single judge bench of the Kerala High Court presided by Justice CS Dias while hearing a bail application held that condition to deposit an amount of Rs.25000 towards Corona Relief Funds as a security for grant of bail is improper and unjust.

The bench was hearing a bail application filed by one Chinna Rao Swayamvarappu, who had been granted bail by the Sessions Judge with a condition to deposit an amount of Rs 25,000/- towards Corona Relief Fund and produce receipt before the said Court. The petitioner had challenged the condition imposed by the Sessions Judge.

The petitioner while relying on the judgement of the High Court submitted that the Court had held that “Courts while granting bail shall not direct the accused to make any cash deposit.”

The bench while quashing the condition imposed by the Sessions judge observed that “this Court by its order in Crl M.C 3830/2012, relying on the decision of the Hon’ble Supreme Court in Moti Ram v. State of Madhya Pradesh (AIR 1978 SC 1594) has held that the imposition of cash security or of any amount for grant of bail is unjust, irregular and improper.”

-India Legal Bureau

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On the earlier hearing in the matter, Senior Advocate Rakesh Dwivedi, appearing on behalf of the petitioner, submitted the grievance that the affidavit is of utmost importance, because whatever the CBI has alleged, has to be rebutted by the accused persons.
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