Akella Varun Raool vs The State Of Telangana
2021 Latest Caselaw 1634 Tel

     THE HONOURABLE SRI JUSTICE K.LAKSHMAN

           CRIMINAL PETITION No.4401 of 2021

ORDER:

Heard learned counsel for the petitioners and the

learned Public Prosecutor appearing for respondent.

2. This application is filed under Section 482 of

Cr.P.C. seeking to alter/modify the conditions imposed in

the order dt.11.05.2021 in Crl.MP.No.104 of 2021 in

Crime No.221 of 2021 passed by the XVI Additional

Metropolitan Sessions Judge, Cyberabad at Malkajgiri,

Ranga Reddy District.

3. Petitioners herein are the accused No.1 to 3 in

Crime No.221 of 2021 pending on the file of Kushaiguda

Police Station and the offences alleged against them are

under Sections 406, 420, 464, 383, 506 of IPC.

4. Petitioners have filed the above petition

Crl.MP.No.104 of 2021 seeking anticipatory bail.

5. The Court below, vide order dt.11.05.2021, granted

anticipatory bail to the petitioners herein on the following

conditions:

"i) execution of self bond for Rs.20,000/- each with two sureties each for a like sum to the satisfaction of the XIX Additional Metropolitan Magistrate Cyberabad at Malkajgiri;

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ii) deposit of Rs.5,00,000/- by each petitioner;

and

iii) petitioners are directed to surrender before the learned Magistrate on or before 31.05.2021."

6. Feeling aggrieved by the condition of deposit of

Rs.5,00,000/- by each petitioner, petitioners are before

this Court.

7. According to the learned counsel for petitioners, the

Court below is not having power to direct the petitioners

to deposit the said huge amount as part of recovery and

the said principle is also held by the Hon'ble Apex Court

in the recent judgment. According to him, in an

anticipatory bail application, the Court has to consider

the allegations against the petitioners therein and their

conduct in cooperation with the investigating officer, etc.,

and instead of that, the Court below has imposed a

condition of deposit of Rs.5 lakhs by each of the

petitioners, which is contrary to the law laid down by the

Hon'ble Apex Court.

8. The learned Public Prosecutor on instructions

would submit that the Court below rightly imposed the

conditions on the petitioners herein.

9. As stated above, petitioners herein filed the above

Crl.MP.No.104 of 2021 in Crime No.221 of 2021 seeking ::3::

anticipatory bail, and the Court below has granted the

anticipatory bail on certain conditions, which includes

deposit of Rs.5 lakhs by each of the petitioners, but the

Court below did not mention any reasons for imposition

of the said condition.

10. In Dilip Singh v. State of Madhya Pradesh and

another 1, the Hon'ble Apex Court has categorically held

that imposition of condition, to deposit an amount, by

the Courts in an application for pre-arrest bail under

Section 438 Cr.P.C. is virtually a direction in the nature

of recovery in a civil suit, which is impermissible.

11. In view of the law above laid down by the Hon'ble

Apex Court, the order dt.11.05.2021 in Crl.MP.No.104 of

2021 in Crime No.221 of 2021 passed by the XVI

Additional Metropolitan Sessions Judge, Cyberabad at

Malkajgiri, Ranga Reddy District, is modified and the

condition imposed by the Court below of depositing

Rs.5,00,000/- by each petitioner, alone, is quashed and

the other conditions imposed in the order dt.11.05.2021

in Crl.MP.No.104 of 2021 remains unaltered.

12. With the above directions, this Criminal Petition is

disposed of.

2021(2) SCC 779 ::4::

13. Consequently, miscellaneous petitions pending, if

any, shall stand closed.

_________________ K.LAKSHMAN, J

14th June, 2021.

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