RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the third accused in Crime No.24/2014 of Karthikappally Excise Range to modify 5th condition imposed by the Sessions Judge in Crl.M.P.No.1894/14 under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner was arrayed as third accused in Crime No.24/14 of Karthikappally Excise Range along with two other accused persons alleging offences under Sections 8 (1) & (2) of Abkari Act. The present petitioner was implicated on the basis of the statement given by accused Nos.1 & 2 alleging that he is the manufacturer and supplier of the contraband articles seized from their possession. He surrendered before the court on 07.04.2014 and thereafter, he moved Crl.M.P.No.1894/14 before the Sessions Court, Alappuzha for bail and the learned Sessions Judge by Annexure I order granted bail with conditions inter alia and that he shall deposit Rs.50,000/ - as cash security before the concerned magistrate court for ensuring his presence during trial. This condition is being challenged by the petitioner by filing this petition.

(3.) THE Counsel for the petitioner submitted that the condition imposed by the court below directing cash deposit is unsustainable in law in view of the dictum laid down in Jomon v. State of Kerala [2010 (2) KLT 371]. Further, there is no necessity to impose such a condition and imposing such condition will amount to denial of bail as such.