RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed challenging Annexure-1 order passed by the learned Judicial Magistrate of First Class-I, Alathur, in Crl.M.P. No. 648/2023. The grievance of the petitioners concerns the direction issued by the learned magistrate to furnish cash security while granting statutory bail.

(2.) The petitioners herein are the accused Nos. 1 and 2 in Crime No. 1103/2022 of the Vadakkancherry Police Station. They are accused of having committed offenses punishable under Ss. 406 and 420 r/w Sec. 34 of the IPC.

(3.) As the final report was not laid within the statutory period, an application for statutory bail was preferred and the same was allowed. One of the conditions imposed by the learned magistrate was a direction to the accused to deposit a sum of Rs.50,000.00 as cash security for appearance. In order to justify the direction to deposit cash security, the learned Magistrate has relied on a judgment rendered by the Apex Court in Sumit Mehta v. State [2013 (2) KLD 677] and also the judgment rendered by this Court in Lekha v. State [2019 (3) KLJ 825].