Absence of Videography Alone Not Sufficient For Bail When Custody is Less Than a Year: Delhi High Court Refuses Bail in Commercial Quantity Heroin Use of Permitted Synthetic Colour in Dal Masur Still Constitutes Adulteration: Punjab & Haryana High Court Uphold Conviction Penalty Must Not Result in Civil Death of Professionals: Delhi High Court Reduces Two-Year Suspension of Insolvency Professional, Citing Disproportionate Punishment Right of Cross-Examination is Statutory, Cannot Be Denied When Documents Are Exhibited Later: Chhattisgarh High Court Allows Re-Cross-Examination Compounding after Adjudication is Impermissible under FEMA: Calcutta High Court Declines Post-Adjudication Compounding Plea Tears of a Child Speak Louder Than Words: Bombay HC Confirms Life Term for Man Who Raped 4-Year-Old Alleged Dowry Death After Forced Remarriage: Allahabad High Court Finds No Evidence of Strangulation or Demand “Even If Executant Has No Title, Registrar Must Register the Document If Formalities Are Met” — Supreme Court  Declares Tamil Nadu's Rule 55A(i) Ultra Vires the Registration Act, 1908 Res Judicata Is Not Optional – It’s Public Policy: Supreme Court Slams SEBI for Passing Second Final Order in Fraud Case Against Vital Communications Ltd A Person Has Died… Insurance Company Cannot Escape Liability Without Proving Policy Violation: Supreme Court Slams High Court for Exonerating Insurer in Fatal Accident Case Calling Someone by Caste Name Is Not Enough – It Must Be Publicly Done to Attract SC/ST Act: Supreme Court Acquits All in Jharkhand Land Dispute Case Broken Promises Don’t Make Rape – Mature Adults in Long-Term Relationships Must Accept Responsibility: Supreme Court Quashes Rape Case Against NRI Man Every Broken Relationship Can’t Be Branded Rape: Supreme Court Quashes Criminal Case Against Retired Judge Accused of Sexual Exploitation on Promise of Marriage No Evidence, No Motive, Not Even Proof of Murder: Supreme Court Slams Conviction, Acquits Man Accused of Killing Wife After Two Years of Marriage You Can’t Assume Silence Is Consent: Supreme Court Sends Back ₹46 Lakh Insurance Dispute to NCDRC for Fresh Determination “Voyage Must Start and End Before Monsoon Sets In — But What If That’s Practically Impossible?” SC Rules Against Insurance Company in Shipping Dispute No Criminal Case Can Be Built on a Land Deal That’s Three Decades Old Without Specific Allegations: Supreme Court Upholds Quashing of FIR Against Ex-JK Housing Chief Just Giving a Call for Protest Doesn’t Make One Criminally Liable - Rail Roko Protest Quashed Against KCR Ex-CM: Telangana High Court Ends 13-Year-Old Proceedings for 2011 Telangana Agitation This Is Not a Case of Greed Simplicitor but a Celebration of Fraud: Karnataka High Court Grants Specific Performance, Slams Vendor for Violating Court Orders Limitation Period Under Section 18-A of Rent Act Mandatory, Delay Not Condonable – Punjab & Haryana High Court Upholds NRI Landlord's Eviction Against Tenant Custom Department Cannot Revive Time-Barred Show Cause Notices After Seven Years Without Jurisdiction: Gujarat High Court Quashes Customs Notices to JBS Exports Public Property Cannot Be Managed Privately for Decades — Fair Price Shops in Hospitals Must Be Allotted by Auction: Jammu & Kashmir High Court Registered Sale Deed Alone Does Not Dismantle Prior Security Interest: Gauhati High Court Rejects Buyer’s Writ Against SARFAESI Action, Cites Expanded Statutory Definition Old OBC Certificates Won’t Work — Supreme Court Says Cut-Off Date Is Final in Rajasthan Civil Judge Exams

Imposing Separate Sureties for Each 1726 Cases Renders Liberty Illusory: Kerala High Court on Bail Conditions

07 May 2024 8:19 AM

By: Admin


In a significant ruling that underscores the principles of reasonable bail conditions, the Kerala High Court, presided over by Justice Bechu Kurian Thomas, delivered a landmark judgment in the case of Crl.M.C.No.10916 of 2023. The Court addressed the hardships faced by an accused, Venugopal, who is involved in a staggering 1726 crimes, primarily under sections 406 and 420 of the IPC and Section 21 of the Banning of Unregulated Deposit Act, 2019.

Highlighting the essence of the judgment, Justice Thomas observed, "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." This observation came in the context of Venugopal's inability to produce different sureties for each of the cases registered against him, a requirement that had made his bail practically unattainable.

The Court delved into the legalities of bail bonds under Sections 440, 441, and 443 of the Cr.P.C., emphasizing that the purpose of sureties is merely to ensure the accused's presence during the trial. Justice Thomas remarked, "The surety only guarantees the presence of the accused during trial and not for any money due from the accused." This statement reiterates the Court's stance that linking the quantum involved in the crime with the surety bond is legally untenable.

Furthermore, the judgment brought relief to prisoners in terms of court fees for their petitions. Referring to Section 72(xiii) of the Kerala Court Fees and Suits Valuation Act, 1958, the Court clarified that petitions filed by prisoners are exempt from court fees, a significant relief for incarcerated individuals seeking legal recourse.

In a decisive conclusion, the Court directed that the courts dealing with Venugopal's bail applications in the numerous crimes against him should not insist on separate sureties for each case. As long as the surety is solvent and inspires the confidence of the courts, it suffices for multiple cases.

Date of Decision: 16th January 2024

VENUGOPAL VS STATE OF KERALA

 

Similar News