PARAMAGURU Vs. STATE

JUDGEMENT

(1.) THIS petition is filed to direct the learned Judicial Magistrate to entertain the application filed by the petitioner herein in CMP.No.168 of 2011 under Section 167(2) in respect of the Crime No.454 of 2010 and consequently dispose the same on merits.

(2.) THE petitioner is one of the accused in Crime No.453 of 2010 on the file of the respondent for the alleged offence under Sections 147, 148, 420 & 506 (ii) IPC. THEre were four accused and this petitioner along with other two accused filed the bail petition before the learned Judicial Magistrate No-II, Namakkal and obtained an order of bail in CMP.No.2213 of 2010 dated 25.10.2010 on a condition that the petitioner has to deposit a sum of Rs.10 Lakhs. THE petitioner has not having any means and he was not able to deposit the said amount. Under such circumstances, the petitioner has filed a petition in Crl.O.P.No.25469 of 2010 before this Court to modify the condition imposed by the trial court and this Court modify the condition by its order dated 02.11.2010. However, the petitioner could not come out the bail for want of surety. In the meanwhile, he filed an application under Section 167(2) Cr.P.C. for statutory bail before the learned Judicial Magistrate, which was returned by the learned Judicial Magistrate stating that he has already been granted bail and the petition filed under Section 167(2) Cr.P.C. has not maintainable. Hence, he approached this Court by way of this petition.

(3.) IT is true that the petitioner has been granted bail by the learned Judicial Magistrate No-II, Namakkal on certain conditions and this Court modified the said conditions. But the petitioner was not able to come out of the bail due to non production of surety. In the meanwhile, the statutory time limit has lapsed under Section 167 Cr.P.C. and hence he filed the petition under Section 167(2) Cr.P.C., to invoke the benefit. The learned Judicial Magistrate is wrong in holding that the petitioner is not entitled for such benefit. Though the bail was granted, he could not come out on bail due to non production of surety and during that time the statutory period has lapsed, under Section 167(2) Cr.P.C., the statutory benefit has to be extended to the petitioner.