2025:KER:24650 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 CRL.MC NO. 2665 OF 2025 CRIME NO.326/2011 OF PERINGOME POLICE STATION, KANNUR IN CC NO.101 OF 2021 OF SPECIAL COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRAte, THRISSUR FOR THE TRIAL OF CASES UNDER THE PRIZE CHITS AND MONEY CIRCULATION SCHEME (BANNING) ACT, 1978 PETITIONER/ACCUSED: HARISH BABU MADINENI AGED 55 YEARS S/O CHENCHU PUNNAYYA CHOUDHARY, H.NO. 6-48/1, INKOLLU VILLAGE, PRAKASHAM DISTRICT, ANDRA PRADESH ( FLAT NO. 108, CREATIVE SNEHA APARTMENTS, KONDAPUR, HYDERABAD, ANDHRA PRADESH, PIN - 500084 BY ADVS. RAJIT V.V.JOY SRUTHI RAJIT RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV. M.C. ASHI, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. No.2665 of 2025 2025:KER:24650 2 ORDER Dated this the 20th day of March, 2025 The prayer in this Criminal Miscellaneous Case is to set aside the order dated 29.06.2024 in CMP No.1429 of 2024 in C.C.No.101 of 2021 on the files of the Specal Additional Chief Judicial Magistrate, Thrissur, directing the petitioner to deposit an amount of Rs.1,00,000/- (Rupees one lakh only), as a condition for granting bail and to forthwith release that amount. 2. Learned Counsel for the petitioner relies on Annexure 2 order of this Court to contend that, similar condition imposed in other crimes was set aside, finding it to be illegal. It is submitted that the learned Magistrate is of the opinion that the direction in Annexure 2 is applicable only to the twelve cases mentioned in the order. 3. I heard the learned Public Prosecutor also. Crl.M.C. No.2665 of 2025 2025:KER:24650 3 4. A reading of Annexure 2 order shows that, in the light of the Apex Court decision in Moti Ram and Others v. State of Madhya Pradesh (AIR 1978 SC 1594), this Court found the direction to deposit cash as a condition for grant of bail to be illegal. While the challenge leading to Annexure 2 was rasied before depositing the amount, in the case under consideration, petitioner deposited the amount under compelling circumstances. Even if so, the direction being illegal, is liable to be interfered with. The Criminal Miscellaneous Case is hence allowed by quashing Annexure 4 order dated 29.06.2024 in CMP No.1429 of 2024 in C.C.No.101 of 2021, to the extent it directs cash security of Rs.1,00,000/-. The Special Additional Chief Judicial Magistrate, Thrissur, shall order release of the amount of Rs.1,00,000/- Crl.M.C. No.2665 of 2025 2025:KER:24650 4 (Rupees one lakh only) deposited by the petitioner as expeditiously as possible. Sd/- V.G.ARUN JUDGE NB/20-3 Crl.M.C. No.2665 of 2025 2025:KER:24650 5 APPENDIX OF CRL.MC 2665/2025 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE PROCEEDINGS OF THE LEARNED ACJM THRISSUR IN C C 101/2021 DATED 28.11.2011 ANNEXURE 2 A TRUE COPY OF THE ORDER OF THIS HON’BLE COURT DATED 10.01.2013 IN CRL.MC NO.3830/2012 AND CONNECTED CASES ANNEXURE 3 A TRUE COPY OF THE JUDGMENT DATED 20.02.2023 IN WPC NO.1791/2020 OF THIS HON'BLE COURT ANNEXURE 4 A TRUE COPY OF THE ORDER OF ACJM, THRISSUR DATED 29.06.2024 IN CMP NO. 1429/2024 IN CC NO. 101/2021 TRUE COPY P.A. TO JUDGE