Kerala High Court Sets Aside Bail Condition Requiring One Of The Sureties To Be A Close Relative

The Kerala High Court has set-aside a bail condition requiring one of the sureties to be a close relative observing that it cannot be sustained as there cannot be any geographical discrimination in the matter of bail. The Court also held that original document produced by the suerties must be returned by substituting with certified copies if necessary.

The Court was considering a Petition filed by an accused who was aggrieved by the bail conditions imposed on him.

The Bench of Justice V. G. Arun held, "The condition requiring one of the sureties to be a close relative cannot be sustained as there cannot be an geographical discrimination in the matter of bail. When the sureties are directed to produce the original document, after ascertaining the solvency of the surety, the original document should be returned, if necessary, by substituting it with a certified copy."

The Petitioner was represented by Advocate Ipsita Ojal, while the Respondent was represented by Public Prosecutor Sheeba Thomas.

The Petitioner was the accused in a crime registered for offences under Sections 406 and 420 of the Indian Penal Code and was granted bail subject to conditions. The Petitioner was aggrieved by the said conditions requiring him to execute a bond for ₹50,000/- with two solvent sureties each for the like sum, with an insistence that one of the sureties should be a close relative of the Petitioner, and one surety should produce his title deed in original before the court.

Counsel for the Petitioner submitted that, even though the conditions are unjustified and onerous, the Petitioner was compelled to comply with the conditions, as otherwise she would have to languish in jail, despite being granted bail. Referring to the decisions of the Supreme Court, it was contended that conditions which have the effect of denying bail should not have been imposed. It was submitted that the surety, who produced the title deed, is the Petitioner’s mother-in-law and the document has not been returned.

The Petition was accordingly disposed of.

Cause Title: Karthika Pradeep vs. The State of Kerala (2025:KER:49521)

Appearances:

Petitioner- Advocates Ipsita Ojal, Manas P. Hameed, Anil Kumar K.P., Mariyamma A.K.

Respondents- Public Prosecutor Sheeba Thomas

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