Jeyanthi @ Anthoniammal vs The State Rep. By
2023 Latest Caselaw 1152 Mad

                                                                                  Crl.O.P.(MD).No. 1619 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 30.01.2023

                                                         CORAM:

                     THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA

                                                Crl.O.P.(MD).No.1619 of 2023

            Jeyanthi @ Anthoniammal                                 ...Petitioner/Petitioner

                                                            Vs.

            The State Rep. by
            The Inspector of Police,
            Ammayanaikanur Police Station,
            Dindigul District.
            Crime No.206 of 2022                                   ...Respondent/Respondent


            PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to
            modify the order dated 07.01.2023 in Crl.M.P.No.108 of 2023 on the file of the
            learned Principal Sessions Judge, Dindigul.


                              For Petitioners               : Mr.J.Anandkumar
                              For Respondent                : Mr.M.Veeranthiran
                                                             Government Advocate (Crl. side)




            1/4
https://www.mhc.tn.gov.in/judis
                                                                                Crl.O.P.(MD).No. 1619 of 2023


                                                      ORDER

This Criminal Original Petition has been filed to modify the order dated

07.01.2023 in Crl.M.P.No.108 of 2023 on the file of the learned Principal Sessions

Judge, Dindigul.

2.The case of the prosecution, as per the de-facto complainant, is that the

accused had induced him stating that she would be able to secure job as a Balwadi

Teacher and believing her representation, the de-facto complainant had collected

amounts to the tune of Rs.3,77,500/- from various persons and handed over to the

accused and thereby, he has cheated.

3.The petitioner was arrested and remanded to judicial custody on

17.12.2022. The trial Court by order dated 07.01.2023 had granted bail on condition

that the petitioner was directed to deposit Rs.3,77,500/- before the learned Judicial

Magistrate, Nilakottai to the credit of Crime No.206 of 2022 on the file of the

respondent police. Challenging the above said order, the petitioner has filed the

present petition before this Court.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No. 1619 of 2023

4.The learned counsel for the petitioner would submit that the petitioner is

an innocent and a false complainant has been given by the de-facto complainant. He

would further submit that even a reading of the FIR would show that the de-facto

complainant is the culprit and he is the person, who has collected the amounts from

various persons on using the name of the petitioner. He would further submit that

the petitioner was arrested on 17.12.2022 and she was granted bail on 07.01.2023

and the learned Principal Sessions Judge, Dindigul had imposed the onerous

conditions directing the petitioner to deposit the entire amount to the credit of Crime

No.206 of 2022. He would further submit that the Hon'ble Supreme Court as well as

this Court in several Judgments, have held that imposing condition to deposit money

alleged to be cheated in the complainant, while granting bail is onerous and even in

a recent judgment of the Hon'ble Apex Court in Subhash Chouhan Vs. Union of

India and Another reported in 2023 Livelaw (SC) 61, has held that the onerous

condition directing the petitioner to deposit money cannot be imposed while

granting of bail. Hence, he would seek to set aside the above said order.

5.The learned Government Advocate (Crl. side) would submit that the

learned counsel for the petitioner while arguing the case before the lower Court, had

offered to pay some amount.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No. 1619 of 2023

6.In reply, the learned counsel for the petitioner would submit that without

prejudice, the petitioner is ready and willing to deposit Rs.50,00/- to the credit of

Crime No.206 of 2022.

7.Heard. Perused the materials available on record.

8.Taking into consideration the facts and the submissions, this Court is of

the opinion that the order passed by the learned Principal Sessions Judge, Dindigul

in Crl.M.P.No.108 of 2023, dated 07.01.2023 in condition No.1 is onerous and

liable to be set aside. However, taking into consideration the voluntary submission

made by the counsel for the petitioner to deposit Rs.50,000/- to the credit of Crime

No.206 of 2022, condition No.1, is modified to the effect that “the petitioner is

directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) in the

Judicial Magistrate Court, Nilakottai to the credit of the case in Crime No.206 of

2022 on the file of the respondent police. All other condition in the said order dated

07.01.2023 shall remain unaltered.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No. 1619 of 2023

9.With the above modification, this Criminal Original Petition is ordered.

                                                                               30.01.2023
            NCC       : Yes / No
            Index        : Yes / No
            Internet    : Yes / No
            sji
            Note: Issue order copy on 30.01.2023.
            To
            1.The Principal Sessions Judge, Dindigul

2.The Judicial Magistrate Court, Nilakottai.

3.The Inspector of Police, Ammayanaikanur Police Station, Dindigul District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No. 1619 of 2023

A.D. JAGADISH CHANDIRA, J.

sji

Crl.O.P.(MD).No.1619 of 2023

30.01.2023

https://www.mhc.tn.gov.in/judis