Kerala HC Grants Consolidated Bail in CSR Fund Case, Citing "Exceptional Circumstance" for 70-Year-Old Trapped by Onerous Conditions [Read Order]

In the CSR Fund Case, the Kerala High Court has granted a 70-year-old accused permission to execute a consolidated bail bond for over 1200 cases, citing "exceptional circumstances" and noting that the onerous standard conditions effectively denied him the liberty granted through bail.

The writ petition was filed by K.N. Anand Kumar, the accused in over 1200 cases related to a CSR fund scam, against the State of Kerala and its police authorities. He sought a direction to execute a single bond for all cases where he had been granted bail, as he remained in custody despite being enlarged on bail in 738 of them.

The Counsel for the petitioner argued that the condition imposed in all bail orders—mandating the execution of separate bonds with two solvent sureties in each jurisdictional court—was too onerous and practically impossible to comply with. They contended that this condition was effectively defeating the very purpose of the bail orders and keeping him in continued detention, despite the court having granted him liberty.

The Counsel for the respondents opposed the plea, stating that bail bonds are essential to ensure the accused's presence during investigation and trial. They argued that allowing a single consolidated bond would hinder their ability to take remedial measures, such as forfeiting the bond, if the accused failed to appear before a specific jurisdictional court.

A single bench comprising Justice Bechu Kurian Thomas analysed the situation, referring to the Supreme Court's decision in Girish Gandhi v. State of Uttar Pradesh, which held that "excessive bail is no bail" and that conditions must be balanced with the fundamental right to life and liberty under Article 21. The court noted that while sureties are important, the sheer volume of cases against the petitioner made the standard requirement an "exceptional circumstance" that created an insurmountable barrier to his release, thereby frustrating the object of granting bail.

Finding that the petitioner's continued detention violated the spirit of the bail orders, the court allowed the petition. It directed that the petitioner be permitted to execute a single surety bond, valued at Rs. 5,00,000 for each surety, in one selected case within each district. This bond, accompanied by an affidavit from the sureties, would be treated as sufficient security for all cases registered against the petitioner in that district, thus enabling his release from custody.

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