G. MANIKANDAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition is filed to modify the condition imposed on the petitioner in the bail order dtd. 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 Ss. 120(B), 409, 420 read with Sec. 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 granting the statutory bail, apart from imposing several other conditions, imposed a condition to deposit a sum of Rs.1.00 Crore or to deposit original title deed for the value of Rs.1.00 Crore alongwith valuation certificate obtained from the authority concerned within a period of 30 days from the date of his release, which has been challenged by the petitioner in the present Criminal Original Petition.

(3.) Learned counsel appearing for the petitioner would submit that the condition to deposit such a huge sum or title deed to that value is an untenable and onerous one. He would further submit that the petitioner was released on bail on 9/3/2023 and since then, he had been complying with all other conditions. He would also submit that the co-accused by name Nehru, who has been a Director of the Company in question has not been imposed with any such onerous condition while granting bail by the Special Court in Crl.M.P.No.610 of 2023 by order dtd. 14/2/2203, whereas, the petitioner, who is only an employee of the Company has been imposed such a condition, while releasing him on statutory bail/default bail under Sec. 167(2) of Cr.P.C, which is contrary to the scheme of Sec. 167 Cr.P.C. He would also submit that the Apex Court and this Court have time and again observed that the scheme of Code of Criminal Procedure delineates that provisions of Sec. 167 Cr.P.C., give due regard to the personal liberty of a person and when the charge sheet has not been submitted within 60 days or 90 days, an accused cannot be detained by the police and the right in which accused becomes entitled to default bail and it cannot be frustrated either by the prosecution or the Court.