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A. D. JAGADISH CHANDIRA
G. Manikandan @ Guru Manikandan – Appellant
Versus
State rep by Inspector of Police, EOW Headquarters, Chennai – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 439(2) read with Section 482 of the Code of Criminal Procedure, to modify the condition imposed on the petitioner in the bail order dated 7.3.2023 passed by the Special Judge Under Tamil Nadu Protection of Interests of Depositors (in Financial Establishment) Act, 1997 at Chennai in Crl.M.P.No.992/2023 in Crime No.21/2022 pending investigation on the file of the respondent.) This Criminal Original Petition is filed to modify the condition imposed on the petitioner in the bail order dated 7.3.2023 passed by the Special Judge Under Tamil Nadu Protection of Interests of Depositors (in Financial Establishment) Act, 1997 at Chennai in Crl.M.P.No.992/2023 in Crime No.21/2022 pending investigation on the file of the respondent.
2. The petitioner is facing a case in Crime No.21 of 2022 on the file of the respondent police for the offences punishable under Sections 120(B), 409, 420 read with Section 109 and 34 IPC in respect of a financial scandal. It appears that he was arrested on 7.12.2022 and since no charge was filed by the respondent even after completion of 90 days, he moved for statutory bail. The court below, while gran
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 ....
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.
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 imposition of a significant monetary deposit as a mandatory pre-condition for the grant of bail is considered onerous and inconsistent with established legal practice, necessitating its removal o....
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....
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....
No condition of deposit of the alleged amount involved can be imposed while granting default bail/statutory bail under section 167(2) of Criminal Procedure Code.
The discretion of the court to impose conditions for bail under Section 167(2) Cr.PC should be exercised based on the nature of the offence and the specific circumstances of the case.
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