Theerthagiri vs The State Represented By
2023 Latest Caselaw 11678 Mad

                                                                      Criminal Original Petition No.19908 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 01.09.2023

                                                            CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                       Criminal Original Petition No.19908 of 2023

                     Theerthagiri
                     S/o.Sekar                                                        ...Petitioner

                                                              Vs

                     The State represented by
                     The Inspector of Police,
                     Singarapettai Police Station,
                     Krishnagiri District.                                            ... Respondent

                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to set aside the order passed by
                     learned       Judicial   Magistrate,   Uthangarai,    Krishnagiri         District,      in
                     Crl.M.P.No.3769 of 2023 in Crime No.160 of 2023 dated 14.08.2023.


                                     For Petitioner      : Mr.E.Kannadasan

                                     For Respondent      : Mr.A.Damodaran
                                                           Additional Public Prosecutor
                                                            *****
                                                          ORDER

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.19908 of 2023

This Criminal Original Petition has been filed challenging the order

passed by the Court below dismissing the petition filed by the petitioner

u/s.167(2) Cr.P.C. seeking for statutory bail.

2. Heard Mr.E.Kannadasan, learned counsel for petitioner and

Mr.A.Damodaran, learned Additional Public Prosecutor appearing for

respondent.

3. The petitioner was arrested by the respondent police in the course

of investigation in Crime No.160 of 2023 and the petitioner was remanded

to judicial custody on 12.05.2023. The First Information Report was

registered for offence u/s.436 IPC. The final report was not filed within a

period of 90 days. Hence, the petitioner filed a petition u/s.167(2) Cr.P.C.

seeking for statutory bail and the same came to be dismissed by the Court

below. Aggrieved by the same, the present petition has been filed before this

Court.

4. On carefully going through the order passed by the Court below, it

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.19908 of 2023

is seen that the Court below has taken into consideration the earlier order

passed by the learned Principal Sessions Judge, Krishnagiri, wherein the

petitioner was enlarged on bail by order dated 21.07.2023 by imposing a

condition that the petitioner should deposit a sum of Rs.50,000/-. This

condition was not able to be complied with by the petitioner and hence, the

petitioner was not able to come out on bail. The Court below, therefore,

came to a conclusion that the petitioner was granted bail earlier and the

petitioner did not comply with the condition and therefore, the petitioner is

not entitled for statutory bail. In the considered view of this Court, the

reason assigned by the Court below is unsustainable in law.

5. This Court had an occasion to deal with the very same issue in

Umadevi v. State [2019 (1) LW (Crl.)387]. That was also a case where bail

was granted by imposing conditions and the accused person was not able to

come out on bail due to non-compliance of the condition. This Court held

that the earlier bail order and the non-compliance of the condition cannot be

put against the accused person since on the expiry of the statutory period,

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.19908 of 2023

the accused person gets an indefeasible right to be enlarged on bail. Useful

reference can also be made to the judgment of the Apex Court in Saravanan

v. State [2020 (4) MLJ (Crl.) 413].

6. In the light of the above discussion, the order passed by learned

Judicial Magistrate, Uthangarai, Krishnagiri District, in Crl.M.P.No.3769 of

2023 in Crime No.160 of 2023 is hereby set aside.

In the result, this Criminal Original Petition is allowed and the

petitioner shall be enlarged on bail subject to the following conditions:

(i) the petitioner shall execute a bond for a sum of Rs.10,000/- [Rupees Ten

Thousand only] with two sureties for the like sum to the satisfaction of

the Judicial Magistrate, Uthangarai;

(ii)the petitioner shall report before the respondent police twice a week i.e.

on Monday and Friday at 06.30 p.m. for a period of four weeks and

thereafter, as and when required.

(iii)on breach of any of the aforesaid conditions, learned Magistrate/Trial

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.19908 of 2023

Court is entitled to take appropriate action against the petitioner in

accordance with law as if the conditions have been imposed and the

petitioner released on bail by the learned Magistrate/Trial Court himself

as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of

Kerala [(2005)AIR SCW 5560].

(iv)If the accused thereafter absconds, a fresh FIR can be registered under

Section 229A IPC.

01.09.2023 Note: Issue today Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

To

1.The Judicial Magistrate, Uthangarai, Krishnagiri District.

2.The Inspector of Police, Singarapettai Police Station, Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.19908 of 2023

gm

Criminal Original Petition No.19908 of 2023

01.09.2023

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