By Order dated 16.08.2017 passed in Crl.M.P.No.12133 of 2017 in Crime No.1438 of 2016, bail was granted to the petitioner on condition to deposit a sum of Rs.1 Lakh. 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.13533 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 16.08.2017, 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. However, earlier since the petitioner was directed to appear before the XXIII Metropolitan Magistrate, Chennai at 10.30a.m., the said condition was modified to the effect that the petitioner shall stay at Vellore and report before the learned Judicial Magistrate No.I, Vellore daily at 10.30a.m.
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 is 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 16.08.2017 passed in Crl.M.P.No.12133 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.1,00,000/- to the credit of Crime No.1438 of 2016 is deleted.
6.Consequently, the petitioner is directed to be released on bail in connection with Crime No.1438 of 2016 on condition that the petitioner executes a bond for Rs.10,000/- with two sureties each for a like sum to the satisfaction of the XXIII Metropolitan Magistrate, Chennai. The petitioner shall also appear before the M.S.RAMESH. J, smi 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 Index: Yes/No smi To
1. The XXIII Metropolitan Magistrate, Chennai.
2.The Inspector of Police, R-10, MGR Nagar Police Station, Chennai 600 078.
3.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.19113 of 2017