By Order dated 08.08.2017 passed in Crl.M.P.No.11524 of 2017 in Crime No.134 of 2017, bail was granted to the petitioner on condition to deposit a sum of Rs.2 Lakhs. According to the petitioner, the said condition is an onerous one for the grant of bail and hence, he moved a petition in Crl.M.P.No.13532 of 2017, seeking modification of the condition imposed on him. However, the said petition was dismissed on 08.09.2017 as against which, he has filed the present petition.
2. Learned counsel for the petitioner contended that on account of the onerous condition imposed on him, though the petitioner was granted bail as early as on 08.08.2017, till date he has not come out of jail. It is also submitted that the petitioner is suffering from ailment.
3.Learned Additional Public Prosecutor on instructions would submit that the since the amount cheated by the petitioner is huge, such a condition had been imposed. It is further stated that the petition seeking modification of the condition imposed on the petitioner had also been rejected by the court below.
4. As per the allegations in the complaint, the petitioner is claimed to have cheated money belonging to the defacto complainant. The question as to whether the petitioner had cheated the defacto complainant or not is a matter for investigation. When the learned Magistrate had taken a view that there was prima facie case for releasing the petitioner on bail pending investigation, it would not be appropriate to impose a onerous condition directing the accused to make a deposit even before final report filed, finding the petitioner guilty of having committed cheating. In my view, such a condition in the absence of any prima facie material, cannot be sustained.
5. Hence, the condition imposed in the bail order dated 08.08.2017 passed in Crl.M.P.No.11524 of 2017 on the file of the learned Sessions Court, Chennai. In so far as the direction to the petitioner, to deposit a sum of Rs.2,00,000/- to the credit of Crime No.134 of 2017 is deleted.
6.Consequently, the petitioner is directed to be released on bail in connection with Crime No.134 of 2017 on condition that the petitioner executes a bond for Rs.10,000/- with two sureties each for M.S.RAMESH. J, smi a like sum to the satisfaction of the Judicial Magistrate-I, Vellore. The petitioner shall also appear before the respondent police daily at 5.30p.m. for a period of two weeks and thereafter, as and when required for interrogation.
With the above observations, this Criminal Original Petition stands ordered.
18.09.2017 smi To
1.The Judicial Magistrate-I, Vellore.
2. The Inspector of Police, Central Crime Branch Team-II, Egmore, Chennai 600 008.
3.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.19114 of 2017