Judgment 1. This is an application filed by the petitioner who is the third accused in Crime No.24/2014 of Karthikappally Excise Range to modify 5th condition imposed by the Sessions Judge in Crl.M.P.No.1894/14 under Section 482 of Code of Criminal Procedure. 2. It is alleged in the petition that the petitioner was arrayed as third accused in Crime No.24/14 of Karthikappally Excise Range along with two other accused persons alleging offences under Sections 8 (1) & (2) of Abkari Act. The present petitioner was implicated on the basis of the statement given by accused Nos.1 & 2 alleging that he is the manufacturer and supplier of the contraband articles seized from their possession. He surrendered before the court on 07.04.2014 and thereafter, he moved Crl.M.P.No.1894/14 before the Sessions Court, Alappuzha for bail and the learned Sessions Judge by Annexure I order granted bail with conditions inter alia and that he shall deposit Rs.50,000/- as cash security before the concerned magistrate court for ensuring his presence during trial. This condition is being challenged by the petitioner by filing this petition. 3. Heard the Counsel for the petitioner and the learned Public Prosecutor. 4. The Counsel for the petitioner submitted that the condition imposed by the court below directing cash deposit is unsustainable in law in view of the dictum laid down in Jomon v. State of Kerala [ 2010 (2) KLT 371 ]. Further, there is no necessity to impose such a condition and imposing such condition will amount to denial of bail as such. 5. On the other hand, the application was opposed by the Public Prosecutor on the ground that he was arrayed as an accused as a manufacturer and supplier of the arrack to other accused persons and the condition imposed is proper. 6. It is an admitted fact that the present petitioner was arrayed as third accused in Crime No.24/14 of Karthikappally Excise Range on the basis of the statement given by accused Nos.1 & 2 from whom huge quantity of arrack was seized as a manufacturer and supplier of the same. He surrendered before the court below on 07.04.2014 and he filed Crl.M.P.No.1894/14 before the Sessions Court for bail and as per Annexure I order, the learned Sessions Judge granted bail with conditions inter alia directing the petitioner to make cash security of Rs. 50,000/- before the concerned magistrate court for ensuring his presence during trial. He surrendered before the court below on 07.04.2014 and he filed Crl.M.P.No.1894/14 before the Sessions Court for bail and as per Annexure I order, the learned Sessions Judge granted bail with conditions inter alia directing the petitioner to make cash security of Rs. 50,000/- before the concerned magistrate court for ensuring his presence during trial. It is settled law that court has got power to impose any condition while granting bail to the accused so as to ensure his presence during the course of investigation and also for trial. But, that doesn't mean that the court impose a condition of such a nature which is impossible to comply with. If such an impossible condition is imposed, then, that will amount to denial of bail itself. 7. Further in the decision reported in Jomon v. State of Kerala [ 2010 (2) KLT 371 ], this court has held that direction to make cash deposit to ensure presence of the accused for investigation is not proper. Further, deposit of cash security is not going to serve the purpose as even after deposit, if he wants to escape, he can escape bail. So, considering the other conditions imposed by the court below for granting bail, this court feels that condition No.5 imposed by the court below directing the petitioner to make a cash security of Rs.50,000/-before the magistrate court is unnecessary and also not proper in view of the dictum laid down in the decision cited (supra). So, the condition No.5 imposed by the court below is set aside. With the above observation, the petition is allowed. Office is directed to communicate this order to both the courts below immediately. Hand over the copy of the order to the Counsel for the petitioner also so as to enable him to produce the same before the concerned court for executing the bail bond.