Direction to contribute to COVID-19 Fund for grant of Bail is Improper & Unjust : Kerala HC

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Kerala High Court on Monday Held that A condition imposed on bail applicant to contribute towards COVID-19 relief funds for the grant of bail is improper and unjust.

The decision came out in a case titled as Chinna Rao Swayamvarappu vs. State of Kerala and ors.

In the present case, the bail application of the petitioner was allowed by the Sessions Court, Thalassery. The learned Sessions Judge while granting bail to the petitioner has directed the petitioner to deposit an amount of Rs 25,000/- towards Corona Relief Fund and produce receipt before the said Court. The petitioner is aggrieved by the said condition imposed by the Sessions Court.

The Court referred the decision of the Hon’ble Supreme Court in Moti Ram v. State of Madhya Pradesh (AIR 1978 SC 1594) in which it was held that the imposition of cash security or deposit of any amount for grant of bail is unjust, irregular and improper.

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The High Court Held that, “In view of the above categoric declaration of law, I find that Condition No.2 imposed by the learned Sessions Judge, that the petitioner should deposit an amount of Rs 25,000/- towards the Corona Relief Fund is improper and unjust. Hence, I quash the said condition. Nevertheless, the petitioner shall comply with all the other conditions contained in the impugned order.”

Read Order Here:

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