LI Network
Published on: December 05, 2023 at 12:20 IST
The Kerala High Court has pronounced that imposing arbitrary or stringent conditions on an accused granted default bail under Section 167 of the Code of Criminal Procedure (CrPC) is a violation of their fundamental rights under Article 21 of the Constitution of India.
The pivotal judgment came in response to a bail application where the accused, facing charges under Sections 22 and 29 of the NDPS Act, was granted bail by the Sessions Court due to the incomplete investigation even after sixty days of judicial custody.
However, the Sessions Court attached stringent conditions to the bail, prompting the challenge before the Kerala High Court.
Justice PV Kunhikrishnan, while adjudicating on the matter, emphasized that default bail is a statutory right that cannot be undermined by imposing onerous conditions.
The court asserted that conditions, if any, should only ensure the accused’s appearance in court for trial and cooperation with the investigation.
“An accused in detention shall be released on bail after the period of detention mentioned in Section 167(2), if he is prepared to and furnish bail. This statutory right cannot be circumvented by imposing onerous conditions. Such arbitrary conditions imposed while granting statutory bail amount to infringement of the fundamental right of the detenue under Section 21 of the constitution of India,” Justice Kunhikrishnan remarked.
The petitioner, accused under the NDPS Act, faced stringent bail conditions imposed by the Sessions Court, including the requirement of a close relative as a surety, multiple solvent sureties, and the production of original property deeds.
The court was informed that the petitioner, belonging to a financially constrained family, remained in judicial custody despite bail being granted due to the inability to meet these unwarranted conditions.
Relying on a recent Supreme Court decision (Shaik Nazneen v. State of Telangana and Others, 2023), the Kerala High Court emphasized that stringent conditions could not be imposed when an accused is released on default bail.
The court clarified that the purpose of conditions is to ensure the accused’s presence and cooperation, not to infringe on their statutory right to be released on bail.
Consequently, the Kerala High Court set aside the stringent bail conditions, providing relief to the accused. The court’s decision reaffirms the sanctity of the statutory right to default bail and underscores the importance of avoiding arbitrary conditions that impede access to justice.
Case Title: Vishnu Sajanan v. State of Kerala
