Paramaguru vs State

G.M. Akbarali, J.—This petition is filed to direct the learned Judicial Magistrate to entertain the application filed by the Petitioner herein in

CMP. No. 168 of 2011 u/s 167(2) in respect of the Crime No. 454 of 2010 and consequently dispose the same on merits.

The Petitioner is one of the accused in Crime No. 453 of 2010 on the file of the Respondent for the alleged offence under Sections 147, 148,

420 & 506(ii) IPC. There were four accused and this Petitioner along with other two accused filed the bail petition before the learned Judicial

Magistrate No-II, Namakkal and obtained an order of bail in CMP. No. 2213 of 2010 dated 25.10.2010 on a condition that the Petitioner has to deposit a sum of Rs. 10 Lakhs. The Petitioner has not having any means and he was not able to deposit the said amount. Under such

circumstances, the Petitioner has filed a petition in Crl. O.P. No. 25469 of 2010 before this Court to modify the condition imposed by the trial court and this Court modify the condition by its order dated 02.11.2010. However, the Petitioner could not come out the bail for want of surety.

In the meanwhile, he filed an application u/s 167(2) Code of Criminal Procedure for statutory bail before the learned Judicial Magistrate, which was returned by the learned Judicial Magistrate stating that he has already been granted bail and the petition filed u/s 167(2) Code of Criminal

Procedure has not maintainable. Hence, he approached this Court by way of this petition.

Mr.R. Nalliyappan, the learned Counsel appearing for the Petitioner submitted that the order of the learned Judicial Magistrate is not valid as the

Petitioner is entitled for statutory bail.

Heard, perused the materials available on record.

It is true that the Petitioner has been granted bail by the learned Judicial Magistrate No-II, Namakkal on certain conditions and this Court

modified the said conditions. But the Petitioner was not able to come out of the bail due to non production of surety. In the meanwhile, the statutory time limit has lapsed u/s 167 Code of Criminal Procedure and hence he filed the petition u/s 167(2) Code of Criminal Procedure, to invoke the benefit. The learned Judicial Magistrate is wrong in holding that the Petitioner is not entitled for such benefit. Though the bail was

granted, he could not come out on bail due to non production of surety and during that time the statutory period has lapsed, u/s 167(2) Code of

Criminal Procedure, the statutory benefit has to be extended to the Petitioner.

Therefore, the petition is allowed and the order dated 04.02.2011 made by the learned Judicial Magistrate No-II, Namakkal returning the

application is hereby set aside and the Petitioner is directed to represent the said application u/s 167(2) Code of Criminal Procedure and the learned Judicial Magistrate No. II, Namakkal is directed to grant bail without influenced by the bail condition imposed by this Court.