The petitioner herein is the 7th accused in Crime No.249/2002 of Kasaba Police Station in Palakkad District. The other accused in the crime face trial before the trial court and obtained a judgment of acquittal. The case against the petitioner was split up and refiled during the proceeding, when he remained consistently absent. It was later transferred to the Register of long pending cases as L.P.No.33/2009. He surrendered before the learned Additional Sessions Judge, Palakkad, and applied for the bail. But his application was rejected by the learned trial judge. Later, he approached the learned Sessions Judge, Palakkad for bail. His application filed as Crl.M.C.No.3573/2014 was allowed by the learned Sessions Judge on certain conditions.
2. The petitioner herein is aggrieved by one of the conditions and he seeks orders from this Court, setting aside the said condition. The objectivable condition imposed by the learned Sessions Judge is that the petitioner shall make a cash deposit of Rs.1,00,000/-. Of course it is seen that the petitioner remained
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consistently absent throughout the proceeding. But now he is before the court, and there is also a direction to surrender his passport. When such measures and conditions are there to ensure his appearance in court during trial, there need not be a further condition directing the cash deposit. It is a fact that all the other accused stand acquitted on merits. Now the petitioner alone remains to face trial. He has made surrender now, and he is ready to face trial. In such a situation, especially when all the other accused stands acquitted on merits, the objection condition directing cash deposit can be cancelled.
In the result, the petition is allowed. The condition imposed by the court below as per the order dated 20.11.2014 in Crl.M.C.No.3573/2014, directing the petitioner to make cash deposit of Rs.1,00,000/- will stand set aside. The other conditions will continue in force.
Sd/-
P. UBAID, JUDGE
vpv