The practice of imposing condition for depositing of money for granting the bail has been deprecated by the High Courts and the Hon’ble Supreme Court

Amaldoss & Ors vs Mathialagan & Ors

Madras HC, Madurai Bench


Crl.O.P.(MD)Nos.19196 & 19197 of 2014 & M.P(MD)No.1 of 2014 in Crl.OP.(MD)No.19196 of 2014

About/from the judgment:

The practice of imposing condition for depositing of money for granting the bail has been deprecated by the High Courts and the Hon’ble Supreme Court. Of course, while granting the bail, the Court of law is entitled to put certain conditions at its discretion, however, it should not be ignored that such conditions must be reasonable and judicious and should not be arbitrary. In fact, no provision in Code of Criminal Procedure contemplates cash deposit as a condition precedent for grant of bail, but may permit the person to deposit a sum of money in lieu of executing a bond and giving surety of one or two persons. It is needless to state that granting or denying the bail depending upon the circumstances of each case, is within the exclusive discretion of the Court of law or authority, however, such discretion should not be exercised arbitrarily. Once the court comes to the conclusion on the facts and circumstances of the case that a person is entitled to the benefit of bail, then no condition other than those enumerated in Section 437(3) or 438(2) can be imposed. Imposition of such unreasonable condition is not only beyond the purview of the provisions of Code of Criminal Procedure but also beyond the powers of the court. Discretion does not mean that it has no arena or boundary. No Court having howsoever absolute power can traverse beyond the arena carved out for it. Even absolute discretion does not admit element of arbitrariness or whimsicality or capriciousness.

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