The Madurai Bench disqualified the cancellation petition filed by the defacto complainant seeking higher bail bonds. The Court held it cannot pre-conclude facts about the modus operandi or demand full repayment as a bail condition, stating it is the prosecution's duty to investigate.
The Criminal Original Petition to cancel bail and increase bond amount was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.03.2017
CORAM :
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P(MD).No.2774 of 2017
Mohandass ... Petitioner
vs.
Prayer:- This Criminal Original Petition has been filed under Section 439(2) of CPC to cancel the bail granted to the first respondent / A1 passed by the learned Judicial Magistrate No.III, Trichy in Cr.M.P.No.4525 of 2016 dated 11.07.2016.
For Petitioner : Mr.K.C. Ramalingam For R1 : Mr. R. Ramasamy For R2 : Mr.K.V.Rajarajan Government Advocate (Crl.side)
ORDER
This Criminal Original petition has been filed to cancel the bail granted to the first respondent / A1 passed by the learned Judicial Magistrate No.III, Trichy in Cr.M.P.No.4525 of 2016 dated 11.07.2016.
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and whether the amount was paid to the accused for securing medical college sheet, these facts are out come of investigation and Court cannot pre conclude and direct the accused to pay the entire amount as pre- condition for trial.
Sd/-
Assistant Registrar (P&A)
/True Copy/
Sub Assistant Registrar
To
2 issues framed by the court
Whether the trial Court should have directed the accused to deposit the entire cheated amount as a condition precedent for bail.
Whether the Court can pre-conclude facts regarding the payment of money for securing a medical college seat during bail proceedings.
1 provisions across 1 enactments
Mohandass
Prabhu
The Inspector of Police, Srirangam Police Station (Crime), Trichy District
DR.JUSTICE G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
