O R D E R

Challenging the order of cancellation of bail passed by the learned Principal District and Sessions Judge, Coimbatore in Crl.M.P.No.2318 of 2022 dated 17.06.2022, the present Criminal Original Petition has been filed by the petitioner.

2. The petitioner has been implicated for the alleged offence punishable under Sections 418, 420, 409, 68, 471, 477A and 120 B of IPC in Crime No.3 of 2022, on the file of the second respondent police.

3. Originally, the learned Judicial Magistrate, Sulur granted mandatory bail to the petitioner herein invoking the provisions under Section 167(2)(a)(ii) of Cr.P.C. on the ground that charge-sheet has not been filed within the mandatory period of 60 days. Against the said order, the first respondent/defacto complainant filed Crl.M.P.No.2318 of 2022 before the learned Principal District and Sessions Judge, Coimbatore contending that for an offence under Section 409 of IPC, the maximum punishment is imprisonment for life or imprisonment for ten years and therefore the mandatory period for filing charge-sheet is 90 days as per Section 167(2)(a)(i) of Cr.P.C. The learned Principal District and Sessions Judge, Coimbatore accepting the said contention, cancelled the bail granted to the petitioner by the trial Court. Absolutely, there is no doubt with regard to the said legal position, wherever the maximum period of punishment extends beyond ten years, the period of 90 days for filing charge-sheet is prescribed under law.

4. The allegation against the petitioner is that being the Bank Manager, he has not properly maintained the accounts and therefore he has been implicated for the offence under Section 409 of IPC. He was granted mandatory bail by the trial Court as the respondent police has not filed the charge-sheet within 60 days. However, the learned Principal District and Sessions Judge, Coimbatore cancelled the bail on the ground that the mandatory period for filing charge-sheet is 90 days for offence under Section

409 of IPC.

5. This Court is of the view that, at this stage, again cancelling the bail and sending the petitioner to jail will not serve any purpose, as according to the learned Additional Public Prosecutor, the investigation is almost completed and it is also informed that there is no adverse report against the petitioner and the petitioner has been complying with the conditions imposed by the trial Court till now. Incarcerating the petitioner again will certainly affects his personal liberty. Therefore, having regard to the facts and circumstances of the case and the nature of the crime, the petitioner can be enlarged on bail, though this Court is of the view that the order of the learned District and Sessions Judge, Coimbatore cancelling the bail granted to the petitioner does not require any interference on legal aspects.

6. As it is stated that till now the petitioner is complying with the bail conditions imposed by the Judicial Magistrate Court, Sulur, dated 12.04.2022 in C.M.P.No.709 of 2022, this Court while confirming the order dated 17.06.2022, passed by the learned Principal District and Sessions Judge, Coimbatore in C.M.P.No.2318 of 2022 cancelling the bail granted by the trial Court, considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner and direct him to comply with the conditions imposed by the learned Judicial Magistrate, Sulur in C.M.P.No.709 of 2022, dated 11.04.2022.

7. With the above directions the criminal original petition is disposed of. Consequently, the connected miscellaneous petition is closed.

20.07.2022 kk To

1. The Principal District and Sessions Judge, Coimbatore.

2. The Judicial Magistrate, Sulur.

3. The Inspector of Police, District Crime Branch (DCB), Coimbatore.

4. The Public Prosecutor, Madras High Court.

N.SATHISH KUMAR, J.

kk and Crl.M.P.No.8260 of 2022

20.07.2022