Back
K. MURALI SHANKAR
Janshi Rani – Appellant
Versus
State Represented by The Inspector of Police, Tiruchirappalli – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 r/w. Section 439(1)(b) of Cr.P.C., to modify the condition imposed by the learned Special Judge, (FAC) Special Court under TNOID Act Cases, Madurai, dated 16.02.2022 in Cr.M.P.No.15 of 2022.)
1. The Criminal Original Petition has been filed seeking orders to modify the condition imposed by the learned Special Judge, (FAC) Special Court under TNOID Act Cases, Madurai, in Cr.M.P.No.15 of 2022, dated 16.02.2022.
2. The learned counsel for the petitioners would submit that the learned Special Judge, (FAC) Special Court under TNPID Act Cases, Madurai, has imposed some conditions, which are onerous conditions and that too for releasing the petitioners on statutory bail.
3. The learned Special Judge has imposed the following conditions :
(a) This petitioners are directed to be released on bail an executing a bond for Rs.1,00,000/- along with two sureties for the like sum.
(b)One of the sureties shall be a member of Local Body.
(c) Another surety shall be the blood-relative of the petitioners.
(d) Further, both petitioners should deposit each Rs.2,00,000/- (Total Rs.4,00,000/-) into the credit of this case.
(e)
Onerous bail conditions cannot be imposed for statutory bail, and the court must consider only the requirement of whether the accused person is prepared to furnish bail.
The accused is entitled to default bail/statutory bail under Section 167(2) CrPC, subject to the conditions specified in the section. Imposing additional onerous conditions frustrates the purpose of ....
The main legal point established in the judgment is that the imposition of onerous conditions while granting default bail would frustrate the purpose of default bail under Section 167(2) CrPC, and su....
An accused has an indefeasible right to default bail/statutory bail under Section 167(2), Cr.P.C. when the investigation is not completed within the specified period and no chargesheet is filed, and ....
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 onerou....
Bail conditions must be practical and should not become impediments to liberty when accused hail from distant states.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
