District and sessions court judges should be reasonable when dealing anticipatory bails: HC
A district and sessions court judge can impose reasonable conditions while granting anticipatory bails, but such conditions shall not be excessive or onerous and not amount to virtually denying the benefits of bail, Kerala High Court said.
The Kayamkulam police had registered a case against a woman named Lekha for cheating people by promising visas and jobs. The Alappuzha district and sessions court while granting her anticipatory bail had directed that she should deposit Rs 1 lakh in four cases.
She challenged it in the High Court alleging that such a condition is excessive. HC after hearing the argument observed that such a condition is illegal and hence ruled out.
The High Court observed that the district court has powers in imposing such condition in cases of financial frauds, but has to note that in such cases the amount to be deposited shall not be excessive or onerous. The condition to be imposed shall be reasonable and shall not amount to virtually denying the accused the benefit of bail.
HC perused the records in this case and observed that it was not clear how much money she had collected from different persons while committing the fraud. At this stage one cannot come to any conclusion whether the allegations made against her are true or not. In such a situation she has to be granted anticipatory bail without such an excessive condition, it further said.