The main legal point established in the judgment is that the right to be released on statutory bail under Section 167(2) Cr.P.C. is an indefeasible right and cannot be extinguished by imposing onerous conditions.

JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 439(1)(b) Cr.P.C. to modify the condition imposed in Crl.M.P.No.2320 of 2020 in Crime No.114 of 2022 dated 14.06.2022 on the file of the learned Judicial Magistrate, Namakkal.)

1. This petition is filed for modification to modify the condition imposed in Crl.M.P.No.2320 of 2020 in Crime No.114 of 2022, dated 14.06.2022, on the file of the learned Judicial Magistrate, Namakkal.

2. The learned counsel appearing for the petitioner would submit that the petitioner was arrested and remanded to judicial custody on 22.03.2022 by the respondent police. Further he would submit that, the petitioner was detained after the statutory period of 85 days and therefore, he filed a petition for the grant of statutory bail under Section 167(2) Cr.P.C. The learned Judicial Magistrate, Rasipuram was pleased to grant bail to the petitioner by an order dated 14.06.2022. However, while ordering bail to the petitioner, the learned Magistrate, imposed certain conditions as follows :

"That the petitioner shall execute a bond for Rs.10,000/-, along with two solvent sureties for Rs.10,000/- and the petitioner shall appear before the respondent police daily at 10.00 a.m., until further order."

The learned counsel for the petitioner would further submit that while the petitioner was enlarged on statutory bail under Section 167(2) Cr.P.C., no condition can be imposed and it is onerous and stringent. Therefore, he prays to modify the conditions imposed, while he was granted bail.

3. Per contra, the learned Government Advocate (Crl.Side) would submit that the petitioner was arrested and remanded to judicial custody on 22.03.2022, alleged for the offences under Section 392 of IPC. Therefore, he vehemently opposed to modify the condition imposed by the Court below.

4. Heard Mr. S. Sengkodi, learned counsel appearing for the petitioner and Mr. V.J. Priyadarsana, learned Government Advocate (Crl. Side) appearing for the respondent.

5. On perusal of the records, it is seen that the petitioner was arrested and remanded to judicial custody on 22.03.2022. Since the respondent did not filed the charge sheet, the Court below enlarged the petitioner on statutory bail, as per the procedure contemplated under Section 167(2) Cr.P.C. While granting bail, the learned Magistrate imposed condition that the petitioner shall execute a bond for Rs.10,000/-, along with two solvent sureties for Rs.10,000/- on the file of the learned Judicial Magistrate, Rasipuram. It is relevant to read the Section 167(2) Cr.P.C. as follows :-

"Section 167(2) - The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: Provided that—

(a) the Magistrate may authorise the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding—

(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;

(ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be to released under the provisions of Chapter XXXIII for the purposes of that