Madras High Court
R.Mithun Raj vs The State on 21 November, 2023
Author: G.Jayachandran
Bench: G.Jayachandran
Crl.OP.No.25945 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2023
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.OP.No.25945 of 2023
R.Mithun Raj ... Petitioner
Vs.
The State, rep by
The Inspector of Police,
V-7, Nolambur Police Station,
Chennai.
(Crime No.53 of 2023) ... Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code, pleased to set aside the condition (iii) The petitioners
are directed to appear before the respondent police station at 10.30 a.m.
for 30 days in Crl.MP.No.2113 of 2023 dated 09.06.2023 by the learned
Judicial Magistrate, Ambattur.
For Petitioner : Mr.M.Dhivakar
For Respondent : Mr.S.Udaya Kumar
Government Advocate (Crl.Side)
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1/5
Crl.OP.No.25945 of 2023
ORDER
The petitioner herein was arrested on 17.03.2023 under Sections
341, 294b, 336, 427, 397. 506(ii) of IPC in Cr.No.53 of 2023 was granted
statutory bail under Section 167(2) of Cr.P.C vide order dated
09.06.2023.
2. While granting bail, the Court below has directed the petitioner
herein to report before the respondent police at 10.30 a.m for a period of
30 days. The petitioner who was by the time detained under Act 14 of
1982. Even after furnishing the surety was not able to enjoy the liberty
immediately. He is now before this Court stating that the condition to
report before Investigating Officer daily at 10.30 a.m., for 30 days is a
onerous condition and therefore the same has to be modified.
3. Referring the judgement of the Hon'ble Supreme Court rendered
in Saravanan Vs State represented by the Inspector of Police in
Criminal Appeal .Nos.681 to 682 of 2020 dated 15.10.2020, the counsel
contended in a case of default bail the condition to deposit Rs.8,00,000/-
in to the credit of Cr.No.31 of 2019 and to report before the concerned
police daily at 10.30 a.m., until further orders for interrogation was
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modified to the effect that the condition to deposit Rs.8,00,000/- cannot
be imposed while granting default bail unlike considering the regular bail
application under Section 437 of Cr.P.C.
4. Incidentally, the Hon'ble Supreme Court also modified the
condition to report before the concerned police daily until further orders.
As an harsh condition instead directed the accused to cooperate with the
investigating Officer had been present before the concerned police
station for investigation as and when called for and on breach the
investigating officer can approach the concerned court for cancellation of
bail on the breach of condition. This judgment is applicable to the said
facts of the case and there is no bar to impose reasonable condition on
the accused who is granted default bail.
5. In this case, it appears that though the petitioner was released
from prison long back he had conveniently staying away from reporting
before the Investigating Officer as per the bail condition. This squarely
attracts the offence under Section 229 A of IPC. However, to enable the
petitioner herein to cooperate with the investigation is directed to comply
the condition imposed by the Court while granting bail by cooperating
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with the investigation and reporting before the Investigating Officer daily
for the next 30 days starting from 23.11.2023.
6. With the above directions, this Criminal Original Petition is
disposed of.
Vv 21.11.2023
To
1. The Judicial Magistrate,
Ambattur.
2. The Inspector of Police,
V-7, Nolambur Police Station,
Chennai.
3. The Public Prosecutor,
High Court of Madras,
Chennai.
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Dr.G.JAYACHANDRAN,J.
Vv
21.11.2023
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