The High Court dismissed a criminal original petition seeking to modify bail conditions, including bail bond amount and daily reporting requirement. The court held the petitioner abused judicial process by evading investigation and failing to comply with conditions.
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CRL.O.P.No.22878 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 14.10.2024
CORAM : MR. J USTICE N.SESHASAYEE
CRL.O.P.No.22878 of 2024
Dhananjaya
... Petitioner
Vs.
The State represented by The Inspector of Police Central Bureau of Investigation Anti Corruption Branch, Chennai (Crime No.RC 032 2022 A 0005 of 2022) ... Respondent
PRAYER: Criminal Original Petition filed under Section 528 of BNSS Act, 2023, to modify the condition imposed upon the petitioner as the petitioner shall report before the nearest police station of his residence at Bengaluru or Sub Court at Hosur instead of the petitioner shall report before the respondent police, everyday at 10.00 a.m. until further orders.
For Petitioner : Mr.N.Palanivel For Respondent : Mr.K.Srinivasan Special Public Prosecutor (C.B.I.)
ORDER
CRL.O.P.No.22878 of 2024
The petitioner herein has moved this petition seeking a modification of a certain condition imposed by the trial Court while granting bail to the petitioner in Crl.M.P.No.22978 of 2024.
2.The learned counsel for the petitioner submitted that one of the conditions imposed by the trial Court while granting bail to the petitioner is to deposit Rs.10 lakhs before the Court, and he seeks modification of the same. This apart, the trial court has directed the petitioner to appear and sign before the respondent police daily at 10.00 a.m.
3.Counter has been filed. The prosecution has alleged that the petitioner herein is being prosecuted on an allegation that he promised to secure employment for three different individuals in the South Western Railway and had received around Rs.36 lakhs from them. This resulted in registration of three separate F.I.Rs against the petitioner. The further details are:
the petitioner despite issuing notices U/s.91 and 41(A) Cr.P.C, it was evident that he had planned to evade the legal process of this Court. It is in these circumstances, the petitioner had approached this Court
CRL.O.P.No.22878 of 2024
with Crl.O.P.No.19607 of 2022. This Court allowed it, but inter alia on the condition that the petitioner needs to deposit a sum of Rs.14 lakhs.
CRL.O.P.No.22878 of 2024
successful in securing bail. The trial Court required the petitioner to execute a bond for Rs.50,000/- with two sureties and also required him to deposit Rs.10 lakhs, and that he should appear and sign before the respondent police at 10.00 a.m. every day. The Court has also indicated that in breach of any of the conditions imposed by it, the consequence spelt out in Shaji Vs. State of Kerala [(2005) AIR SCW 5560] will follow.
4.Mr.K.Srinivasan, the learned Special Public Prosecutor (C.B.I.) submitted that the petitioner had not complied any of the bail conditions imposed, and the attempt of the respondent to contact the petitioner cellphonically and otherwise is also defeated as a phone is continuously stated to be in switch off mode.
5.The learned counsel for the petitioner made a statement that even he could not contact his client for the same reason.
6.It is very apparent and evident that this petitioner has abused the judicial
process of this Court in securing a bail, but utilized it to defeat the ends of
4/6
CRL.O.P.No.22878 of 2024
law. He does not deserve neither courtesy nor mercy at law. The petition is accordingly dismissed. The respondent is now required to secure the petitioner in the manner known to law.
14.10.2024
kas
Index : Yes / No Neutral Citation To 1.The Inspector of Police Central Bureau of Investigation Anti Corruption Branch, Chennai (Crime No.RC 032 2022 A 0005 of 2022) 2.The Public Prosecutor C.B.I. Cases High Court of Madras Chennai
N.SESHASAYEE, J.
kas
CRL.O.P.No.22878 of 2024
CRL.O.P.No.22878 of 2024
14.10.2024
3 issues framed by the court
Whether bail granted by the trial court should be modified to change the reporting condition and bail deposit amount.
Whether the petitioner has complied with bail conditions or abused the judicial process to disrupt investigation.
Whether the petitioner deserves mercy or courtesy given the failure to appear and evade legal process.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Dhananjaya
The State represented by The Inspector of Police Central Bureau of Investigation Anti Corruption Branch, Chennai
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
