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A. D. JAGADISH CHANDIRA
Aravind – Appellant
Versus
State by Inspector of Police, Chithode Police Station – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 439(1)(b) Cr.P.C., praying to modify the condition on bail imposed on the petitioner/accused.)
1. This Criminal Original Petition is filed under Section 439(1)(b) of Cr.P.C., seeking to modify the condition imposed in C.M.P.No.635 of 2023 by the Principal District and Sessions Judge at Erode dated 14.02.2023.
2. Learned counsel appearing for the petitioner would submit that the petitioner was arrested in connection with Crime No.498/2022 for the offences under Section 302 I.P.C. He would further submit tht since the respondent had not filed the final report, after completion of 90 days, on 91st day, the petitioner applied for bail under Section 167(2)(a)(i) of Cr.P.C. and the learned Judicial Magistrate, while granting bail to the petitioner, had imposed a condition that the petitioner should execute a bond for Rs.10,000/- with two sureties out of which, one shall be a blood surety and a Government surety. He would also submit that the petitioner was unable to get a Government surety and thereby, the petitioner had filed an Application seeking for modification of the condition before the learned Principal District and Se
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....
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.
Bail conditions must be practical and should not become impediments to liberty when accused hail from distant states.
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....
Court modified bail bond from Rs.25,000 to Rs.10,000 due to petitioner's financial hardship under BNSS S.483(1)(b).
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