MOIDEEN SABEER Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) 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.