C PRAKASH AGARWAL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition under S. 482, Cr. P.C. seeking quashing of the order passed by the First Additional Metropolitan Sessions Judge, Hyderabad. The petitioners are facing trial in Crime No. 6 of 1999 under Ss. 39 and 44 of the Indian Electricity Act, 1910. The allegations against them are that, when the premises belonging to them was inspected the electricity meter was found defective as it was stopping intermittently. It was also alleged that the meter was not recording the correct load position and on inspection it was found that the meter had been tampered with. The petitioners filed a bail application. The learned Metropolitan Sessions Judge directed that, in case of surrender of the petitioners before the Investigating Officer they shall be released on bail subject to executing a bond for a sum of Rs. 20,000.00 with two sureties in like amount. The case of the petitioners is that, after this order was passed they were asked by the Investigating Officer to deposit an amount of Rs. 1,20,000.00 as six sureties were needed in all. Their case is that, cash security cannot be insisted upon by the respondents. So, the question before this Court is whether the Court or the Officer who is required to satisfy himself about the bail bonds can insist upon cash bonds or cash securities.

(2.) I have heard the learned counsel for the petitioners as well as the Public Prosecutor. Section 441 of the Criminal Procedure Code lays down :

(3.) This section nowhere contemplates cash security. The bare perusal of the section would show that the officers or the Court will have to satisfy himself whether the sureties are fit or sufficient. In order to reach to such satisfaction the Court or the officer may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties. They are also empowered either to hold an inquiry or cause an inquiry to be held by a Magistrate subordinate to the Court with regard to sufficiency or otherwise of the bond. Therefore, there is no occasion for any Court or any Officer to insist upon cash securities or cash bonds. If they are satisfied with the bonds or the sureties they will release the persons on bail and if there are any doubts the Court can order an inquiry.