Madras High Court
M.Prakash vs The State Represented By on 21 April, 2022
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.O.P.No.8336 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2022
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.8336 of 2022
M.Prakash ...
Petitioner
Vs.
The State represented by
The Inspector of Police,
Kangayam Police Station,
Tiruppur District.
Crime No.1049 of 2021 ...
Respondent
PRAYER: The Criminal Original Petition is filed under Section 482 of
the Code of Criminal Procedure, to modify the Condition No.1 as
"sureties without solvency certificate"and Condition No.2 as "shall appear
before the respondent Police whenever required", which are imposed by
the Judicial Magistrate, Kangayam in the order dated 27.12.2021 in
E.Crmp.No.75 of 2021 in Crl.M.P.No.5461 of 2021.
For Petitioner : Mr.A,Suresh Sakthu Murugan
For Respondent : Mr.A.Gokulakrishnan
Additional Public Prosecutor
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https://www.mhc.tn.gov.in/judis
Crl.O.P.No.8336 of 2022
ORDER
This Criminal Original Petition has been filed seeking to modify the Condition No.1 as "sureties without solvency certificate" and Condition No.2 as "shall appear before the respondent police whenever required", which are imposed by the learned Judicial Magistrate, Kangayam, in the order dated 27.12.2021 in E.Crmp.No.75 of 2021 in Crl.M.P.No.5461 of 2021.
2. The learned counsel for the petitioner submitted that the petitioner is an accused in Crime No.1049 of 2021 registered for the offences under Sections 341, 364(A), 506(ii) 212 and 414 IPC. The petitioner was arrested and remanded to judicial custody on 26.08.2021 and he was under judicial custody for more than 210 days. Since the respondent Police has not laid the charge sheet, the petitioner was granted the statutory bail under Section 167(2) Cr.P.C. on 27.12.2021 by the learned Judicial Magisrate, Kangayam, with the following conditions:
"1. The petitioner/ accused is ordered to be 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8336 of 2022 released on bail on his executing a bond for a sum of Rs.25,000/- along with two sureties in which, one surety must be a blood surety and the sureties shall produce solvency certificate which is issued by not below the rank of Thasildhar.
2. The petitioner/ accused shall appear before the respondent police and sign daily once at 10.00 a.m. untill further orders."
3. The learned counsel for the petitioner further submitted that the petitioner was granted bail under Section 167(2) Cr.P.C. and in such circumstances, the learned Judge while granting the bail, has to only see whether the petitioner is prepared to furnish the sureties and he is not supposed to impose onerous condition. The learned Judge had imposed the condition directing the petitioner to produce the Solvency Certificate to be obtained from a officer not below the rank of Tahsildar. Since the petitioner is in custody, due to the financial circumstances, the family members of the petitioner are unable to obtain the Solvency Certificate from the Tahsildar. Thereby, the conditions imposed by the learned Judge defeats the very purpose of granting bail under Section 167(2) of Cr.P.C. 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8336 of 2022 The learned counsel would further submit that the condition imposed on the petitioner is contrary to the provisions under Section 167(2) of Cr.P.C and once when a person was granted bail under Section 167(2) of Cr.P.C he gets an “indefeasible right” and it cannot be frustrated by imposition of a condition that cannot be complied with. Thereby, he would seek for modification of the Condition Nos.1 and 2 imposed by the learned Judge.
4.The learned Additional Public Prosecutor submitted that the petitioner is involved in a case of kidnap for ransom. He would further submit that the investigation is pending and the charge sheet has not been filed so far.
5.In this case, though the petitioner having granted bail under Section 167(2) of Cr.P.C on 27.12.2021, he is unable to enjoy the fruits of the order, due to the imposition of a condition to produce the Solvency Certificate from a officer not below the rank of Tahsildar. This Court has to see whether the petitioner is prepared to furnish the sureties and that the condition imposed is not onerous, which the petitioner may not be able to comply with. This Court is of the opinion that the condition 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8336 of 2022 imposed by the learned Judge directing the petitioner to furnish the Solvency Certificate is onerous.
6.In view of the above, the conditions imposed by the learned Judicial Magistrate, Kangayam stands modified. The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties, out of which, one surety must be a blood surety. The petitioner shall appear before the respondent Police and to sign daily at 10.00 a.m., until further orders and other conditions imposed by the trial Court shall remains unaltered. The Court shall not insist for prosecution of Solvency Certificate.
7.Accordingly, this Criminal Original Petition is allowed.
21.04.2022 Index:Yes/No Speaking Order:Yes/No vkr/gba To
1.The Inspector of Police, Kangayam Police Station, Tiruppur District.
Crime No.1049 of 2021.
5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8336 of 2022 A.D.JAGADISH CHANDIRA, J., vkr/gba
2.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.8336 of 2022
21.04.2022 6/6 https://www.mhc.tn.gov.in/judis