Onerous conditions cannot be imposed as a precondition for the grant of bail, and the conditions for bail must be reasonable and just, as established by various judgments.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., pleased to set aside the order passed in Crl.M.P.No.5511 of 2022 on the file of the Judicial Magistrate-IV, Salem order dated 12.12.2022.)

1. This Criminal Original Petition has been filed seeking to set aside the order passed in Crl.M.P.No.5511 of 2022 on the file of the Judicial Magistrate-IV, Salem dated 12.12.2022, for the offences punishable under Sections 120(b), 408 and 420 of I.P.C.

2. The allegation in this case is that A1 viz., Jewel Appraiser in TAICO Bank, Salem District, with the help of petitioner and other customers / co-accused cheated the above mentioned Bank by pledging spurious jewelleries and obtained a loan amount to the tune of Rs.93,79,360/-.

3. The learned counsel for the petitioner would submit that the petitioner is a senior citizen (lady) aged about 70 years. The main accused / A1, using the ignorance of the petitioner had obtained signature from her in certain documents and pledged spurious jeweleries and obtained a loan amount to the tune of Rs.4,65,200/-.

4. The learned counsel for the petitioner would submit that the petitioner was arrested and remanded to Judicial custody on 11.10.2022 for the alleged offences punishable under Sections 120(b), 408 and 420 of I.P.C in Crime No.02 of 2021.

5. The learned counsel for the petitioner would submit that the petitioner had applied an application for bail in Crl.M.P.No.993 of 2022, before the learned Judicial Magistrate No.IV, Salem and the learned Judicial Magistrate, while granting bail on 14.11.2022, had imposed onerous condition directing the petitioner to deposit 50% of the alleged misappropriated amount i.e., Rs.2,32,600/- to the credit of Cr.No.02 of 2021.

6. The learned counsel for the petitioner would submit that despite the bail granted on 14.11.2022, the petitioner was unable to raise the money, thereby, she had filed Crl.M.P.No.5511 of 2022, seeking for modification of condition, whereas, the Trial Court had dismissed the petition.

7. The learned counsel for the petitioner would further submit that the Hon''ble Supreme Court as well as this Court in several judgments, have held that the process of criminal law cannot be utilized for arm twisting and money recovery and moreso excessive conditions imposed on the petitioner, in practical by manifestation, acted as a refusal to the grant of bail and thereby, the order of the learned Judicial Magistrate imposing a condition to deposit 50% of the alleged misappropriated amount i.e., Rs.2,32,600/- as a precondition for release on bail is not only erroneous but it also amounts to injustice to the petitioner. As on today, the petitioner is in custody for more than 144 days and the petitioner is also entitled to be released on bail under Section 167 (2) of Cr.P.C. In support of his contention, the learned counsel for the petitioner would rely on the Judgment of the Hon''ble Apex Court in the case of Guddan @ Roop Narayan Vs. State of Rajasthan, reported in 2023 Live Law (SC) 45.

8. The learned counsel for the petitioner has also relied on the Judgment of the Hon''ble Apex Court in the case of Subhash Chouhan Vs. Union of India and Another, reported in 2023 Livelaw (SC) 61, wherein the Court held that the onerous condition directing the petitioner to deposit money cannot be imposed while granting of bail.

9. The learned Government Advocate (Crl.side) for the respondent would submit that the total amount cheated by the main accused / A1 together with customers / accused persons was Rs.93,79,360/-. As far as petitioner is concerned, she along with the main accused had cheated the Bank to the tune of Rs.4,65,200/- and thereby the learned Judicial Magistrate has rightly directed the petitioner to deposit 50% of the mis-appropriated amount i.e., Rs.2,32,600/- to the credit of Cr.No.02 of 2021.

10. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials availab