The High Court of Madras dismissed a CRIP alleging onerous bail conditions under Section 167(2) Cr.P.C. The court held that since the petitioner voluntarily deposited the security after a modification order, the condition was not onerous enough to interfere.
The Criminal Original Petition 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
Crl.O.P.No.9357 of 2022
Mansoor Ali, S/o. M.Jainulabudeen
...Petitioner
Versus The Superintendent of GST and Central Excise Hqr Preventive Unit, GST Chennai South Commissionerate, 692, M.H.U. Complex, Nandanam, Chennai-600 035. ...Respondent
PRAYER:Criminal Original Petition filed under Section 482 of Cr.P.C., to set aside the order and modify the condition passed in Crl.M.P.No.11 of 2022 dated 07.02.2022 by the learned Addl. Chief Metropolitan Magistrate (E.O.I Court), Egmore, Chennai and to direct the learned Addl. Chief Metropolitan Magistrate (E.O.I. Court), Egmore, Chennai to return the cash security deposited by the petitioner in R.R.No.42 of 2021 to the petitioner.
For Petitioner : Mr.K.J.Saravanan
For Respondent : Mr.N.P.Kumar, Special Public Prosecutor
O R D E R
This Criminal Original Petition has been filed seeking to set aside the order passed in Crl.M.P.No.11 of 2022 on the file of learned Addl. Chief Metropolitan Magistrate (E.O.I Court), Egmore, Chennai and to return cash security deposited by the petitioner in R.R. No. 42 of 2021.
2.It is stated that while releasing the petitioner in a petition filed under Sec.167(2) of Cr.P.C., conditions were imposed to deposit the cash security of Rs.5,00,000/- (Rupees five lakhs only) and also execute a bond of Rs.50,00,000/(Rupees fifty lakhs only) by depositing documents for property worth about Rs.50 lakhs, otherwise it would be amounting to default bail.
3.The learned counsel appearing for petitioner would content that such onerous condition is not permissible while granting
the default bail under Sec.167(2) Cr.P.C. He has also relied upon the judgment of Apex Court in the case of Saravanan Vs. State, rep. by the Inspector of Police, dated 15.10.2020 in Crl.A. Nos.681-682 of 2020. In the above case, the Apex Court in Para 9 has held that the only requirement for getting the default bail or statutory bail under Sec.167(2) Cr.P.C. is that the accused is in jail for more than 60 or 90 days, as the case may be, and within 60 or 90 days, as the case may be, the investigation is not completed and no charge sheet is filed by 60th or 90th day and the accused applies for default and is prepared to furnish bail. No other condition of deposit of alleged amount involved can be imposed by the court. Imposing such condition while releasing the accused on default bail or statutory bail would frustrate the very object and purpose of default bail under Sec.167(2) Cr.P.C.
Sd/Assistant Registrar(CS-II)
//True Copy//
Sub Assistant Registrar
rpp
To
+1cc to Mr.K.J.Saravanan, Advocate, S.R.No.38403 (30/06/2022)
CRL.O.P.No.9357 of 2022
RLD(CO) RGA(21/06/2022)
2 issues framed by the court
Whether the condition of depositing cash security while releasing an accused on statutory bail under Section 167(2) Cr.P.C. is onerous and impermissible.
Whether the petitioner's voluntary deposition of cash security after a modification order justifies refusing to set aside the original bail conditions.
Colour shows how this judgement treated each authority
Saravanan Vs. StateExplained¶15
Saravanan Vs. State, rep. by the Inspector of Police, dated 15.10.2020 in Crl.A. Nos.681-682 of 2020
2 provisions across 1 enactments
Mansoor Ali
The Superintendent of GST and Central Excise Hqr Preventive Unit, GST Chennai South Commissionerate
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
