M. Prakash vs State

N. Anand Venkatesh, J

This petition has been filed seeking for modification of the condition imposed by the Court below while granting statutory bail to the petitioner.

The petitioner was arrested and remanded to judicial custody for an offence under Sections 420, 465, 467, 468 and 471 of IPC. Since the final report was not filed within the statutory period, the petitioner filed a petition under Section 167 (2) Cr.PC seeking for statutory bail.

The Court below allowed the said petition subject to certain conditions. The petitioner is aggrieved by the condition imposed by the Court below, wherein the petitioner has been directed to deposit a sum of Rs.50,00,000/- (Rupees fifty lakhs only) to the credit of Crime No.31 of 2019.

The learned counsel for the petitioner submitted that while considering a statutory bail under Section 167(2) of Cr.PC, the Court below cannot impose such a onerous condition and therefore, the 1st condition imposed by the Court below insisting for a cash deposit of Rs.50,00,000/- (Rupees Fifty Lakhs only) requires interference of this Court.

Heard the submissions of learned Additional Public Prosecutor appearing on behalf of the respondent.

It is now a settled law that when a Court considers a statutory bail, onerous condition cannot be imposed and the Court has to satisfy itself with the only requirement as to whether the accused person is prepared to furnish bail. Useful reference can be made to the Judgement of this Court in 2019 1 LW(Crl.) 387 [ Umadevi Vs. The State Rep. by the Inspector of Police, EOW II, Coimbatore]. Therefore, the condition imposed by the Court below insisting for cash deposit of Rs.50,00,000/-requires interference and since the petitioner is not in a position to comply with the said condition, he is not come out on bail till today.

In the result, the 1st condition imposed by the Court below directing the petitioner to deposit a sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) to the Credit of Crime No.31 of 2019 is hereby set aside and accordingly, the condition imposed by the Court below is modified and other conditions imposed by the Court below shall stand as it is.

Accordingly, this Criminal Original petition is allowed.