ABDUL SHEKH Vs. STATE OF KERALA

JUDGEMENT

(1.) The short point to be decided in this case is that, while imposing a condition in a bail order whether the Court can insist that sureties who have to execute the bond shall be from a particular district alone or from a particular State alone. This point is not res integra. The Apex Court and this Court consistently observed that, such conditions shall not be imposed while granting bail. Even then, some of the courts are imposing such conditions.

(2.) In this case, the petitioner is the accused in Crime No.8/2020 of Excise Range Office, Peerumedu, Idukki. The case is registered alleging offences punishable under Sec. 20(b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, 'the Act']. Now the case is pending as S.C(NDPS).No.52/2023 before the Special Judge for NDPS Act cases, Thodupuzha. The petitioner is a person who belongs to West Bengal.

(3.) The petitioner was released on bail as per order dtd. 16/7/2020 in Crl.M.C.No.52/2020 on an earlier occasion. Thereafter, when the petitioner was absent, his bail bond was forfeited and the case was transferred to the register of long pending cases. Subsequently, the presence of the accused was procured on 24/7/2023 and hence the long pending case was re-opened and the accused was remanded to judicial custody. Thereafter, the learned Special Judge as per order dtd. 7/9/2023 ordered release of the petitioner on executing a fresh bail bond for Rs.2.00 lakh with two solvent sureties each for the like sum. It is also stated in the order that, one of the sureties shall be from the district of Idukki and the sureties shall produce original title deeds for verification. Aggrieved by the conditions insisting that the sureties should be from the District of Idukki itself and also by the amount of the bail bond to be executed, this Crl.M.C is filed.