38.6c New Delhi, India, Sunday, May 19, 2024
Judiciary

Insistence on sureties and execution of bail bonds cannot be punishment for accused: Kerala HC [Read Order]

By Rintu Mariam Biju      30 January, 2024 11:53 AM      0 Comments
Insistence on sureties and execution of bail bonds cannot be punishment for accused: Kerala HC

In a significant judgement, the Kerala High Court came to the aid of an accused who had 1726 crimes registered against him. He moved the High Court after he was asked to produce separate sureties in each of his bail application. 
Justice Bechu Kurian Thomas noted that since petitioner is facing accusations in 1726 crimes, if separate sureties are to be furnished in each of the cases registered against him, he will have to produce more than 3400 separate sureties. This is practically impossible and renders the concept of bail “illusory”. 
“Insisting on separate sureties for 1726 cases can render the said condition incapable of performance, and the liberty of the petitioner may remain a mirage. Law does not prohibit the same surety being furnished in different cases”. 
 

The High Court then highlighted that the insistence on sureties and execution of bail bonds cannot be another ordeal or a punishment for the accused.
“If the surety furnished can inspire confidence of the court on his ability to ensure the presence of the accused during trial, there is nothing that restrains the court from accepting the same surety in all the different crimes. Even the value of the bond cannot be insisted to be commensurate with the quantum involved in a crime. The courts must bear in mind that insistence on sureties and execution of bail bonds cannot be another ordeal or a punishment for the accused”. 
 

Advocate CS Manu, the counsel for the petitioner submitted that some of the courts are insisting on different sureties to be furnished for each case and considering the large number of cases registered against the petitioner, it is impossible for him to obtain or produce different sureties. The High Court was further told that some of the Courts insisted on separate sureties to be provided for more than a particular number of cases. For instance, a Kollam court had refused to accept the same sureties for more than 20 cases. 
 

Public Prosecutor Ashi MC pointed out that petitioner has not produced any order refusing to accept the sureties, and therefore, the reliefs now sought are based on assumptions.
At the offset, the court noted that the conditions imposed while granting bail cannot be too onerous or incapable of performance rendering the bail granted illusory and even redundant. “However, instances are numerous where the trial courts impose conditions that make the liberty ordered chimerical. This case indicates the hardships of an accused involved in numerous cases”. 
 

The Court stated that orders for release of an accused on bail cannot be frustrated by the conditions imposed or the bonds directed to be furnished. For this, the judge relied on two provisions. 
Section 440 of the Code of Criminal Procedure contemplates that the amount of every bond shall be fixed with regard to the circumstances of each case, and the same shall not be excessive. Section 441 CrPC lays down the nature and contents of the bail bonds to be executed by the accused and sureties before a person is released on bail. 
 

“The purpose of having one or more sureties is to ensure that the accused will appear for trial. Section 443 Cr.P.C. takes care of the situation where the sureties provided are found to be insufficient at a later point of time or when a mistake or fraud is committed”. 
 

The court proceeded to explain that insisting on sureties and executing a bail bond is only to secure the presence of the accused during trial. The surety is not a person who can be called upon to guarantee the sum of money involved in the crime. The surety only guarantees the presence of the accused during trial and not for any money due from the accused.
 

“Sometimes a surety without any property can, by virtue of his respectability in society, be a better surety than one with immovable property. Therefore, it is not wholly prudent to correlate the quantum involved in the crime with the surety bond or fix a particular number of cases for a particular surety or to restrict a surety to stand as a guarantee only for a particular type of cases”. 
 

When bails are granted against accused with many crimes registered against them, it was a recurring practise that an additional condition was placed on furnishing separate sureties or to furnish bonds commensurate with the quantum involved in the criminal case. This is not based on any legally tenable principle and is in fact opposed to law, the judge clarified. 
 

The Court also noted that insisting on court fees to be paid on petitions filed by accused who are in custody is also contrary to Section 72(xiii) of the Kerala Court Fees and Suits Valuation Act, 1958. 
On these grounds, the Court directed not to insist on separate sureties in all the cases. “As long as the surety is solvent and inspires the confidence of the courts, insistence on the production of separate sureties for each case is opposed to law”.

Read Order



Share this article:

About:

Rintu Mariam Biju graduated from the National University of Advanced Legal Studies, Kochi after comp...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Kerala HC Quashes 498A Dowry Harassment Case Against Live-In Partner, Citing Lack of Relative Status [Read Order] Kerala HC Quashes 498A Dowry Harassment Case Against Live-In Partner, Citing Lack of Relative Status [Read Order]

Read about a recent judgment by the Kerala High Court that quashed a dowry harassment case against a woman in a live-in relationship. The court ruled that she couldn't be considered a relative under Section 498A of the IPC, highlighting the importance of precise legal definitions.

Watching porn on mobile: Kerala HC highlights importance of mother cooked meals, outdoor sports [Read Order] Watching porn on mobile: Kerala HC highlights importance of mother cooked meals, outdoor sports [Read Order]

Kerala High Court emphasizes the importance of outdoor sports, home-cooked meals, and parental supervision, discouraging the gifting of mobile phones to minors. Learn why the court quashed a case related to private porn viewing and the need for responsible parenting.

Lakshadweep MP Mohammed Faizal Disqualified from Lok Sabha After Conviction Suspension Plea Rejected by Kerala High Court [Read Notice] Lakshadweep MP Mohammed Faizal Disqualified from Lok Sabha After Conviction Suspension Plea Rejected by Kerala High Court [Read Notice]

Lakshadweep MP Mohammed Faizal PP faces disqualification from Lok Sabha as Kerala High Court rejects plea to suspend his conviction in an attempt to murder case. Get the latest updates on his legal battle.

Supreme Court Grants Stay on Conviction of Lakshadweep MP Mohammed Faizal in Attempted Murder Case Supreme Court Grants Stay on Conviction of Lakshadweep MP Mohammed Faizal in Attempted Murder Case

Stay tuned for the latest legal developments as the Supreme Court suspends the conviction of Lakshadweep MP Mohammed Faizal in an attempt to murder case. Get insights into this high-profile case and its impact on his political career.

TRENDING NEWS

sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
delhi-hc-refuses-jackie-shroff-interim-relief-against-youtuber-unfilteredthugesh-for-alleged-personality-rights-infringement
Trending CelebStreet
Delhi HC refuses Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for using "Thug Life" in video on Shroff

The Delhi High Court has refused Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for alleged personality rights' infringement.

18 May, 2024 05:20 PM

TOP STORIES

indian-courts-this-week-law-street-journals-weekly-round-up-of-sc-hcs-may-6-may-10
Trending Judiciary
Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 6 - May 10]

Get the latest updates from India's Supreme Court and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

13 May, 2024 10:29 AM
sc-dismisses-union-govt-plea-against-bail-to-maoist-financer-in-case-of-attack-on-police-party-in-jharkhand
Trending Judiciary
SC dismisses Union govt's plea against bail to Maoist financer in case of attack on police party in Jharkhand [Read Judgment]

SC rejects govt's plea against bail for accused in Jharkhand police attack case, citing absence of violated bail conditions.

13 May, 2024 11:33 AM
supreme-court-upholds-gang-rape-conviction-though-victim-turned-hostile
Trending Judiciary
Supreme Court upholds gang rape conviction, though victim turned hostile [Read Judgment]

SC upholds gang rape conviction despite victim's hostility, affirming witness credibility in criminal trials.

13 May, 2024 12:24 PM
sanatana-dharma-remarks-sc-seeks-response-from-up-maha-ktka-bihar-jamp;k-on-udhayanidhis-plea-for-clubbing-firs
Trending Judiciary
Sanatana Dharma remarks SC seeks response from UP, Maha, Ktka, Bihar, J&K on Udhayanidhi's plea for clubbing FIRs

SC seeks response on Udhayanidhi's plea for clubbing FIRs related to his remarks on 'Sanatan Dharma'.

13 May, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email