N SASIKALA Vs. ENFORCEMENT OFFICER ENFORCEMENT DIRECTORATE MADRAS

JUDGEMENT

(1.) The petitioner is seeking for modification of an order D/- 20-8-1996 passed by the Additional Chief Metropolitan Magistrate, E.O. I, Madras ordering the petitioner to furnish a bond for Rs. 3 crore and also with cash security for the same amount with two sureties of like sum each or cash security for cash one of the sureties for the said amount.

(2.) The case of the petitioner is that the conditions imposed by the learned Magistrate are impossible of compliance and the petitioner does not have the wherewithal to furnish cash deposit or even to find sureties to the above amount. The petitioner further submitted that the conditions attached to the bail order amounts to denial of bail and per se unreasonable.

(3.) The respondent submitted that the conditions so imposed are purely the discretion of the Court and that the learned Magistrate has considered the extent of seriousness and cumulative effect of the case and has fixed the quantum. It is also contended on behalf of respondent that in a case of economic offence involving contravention to the extent of several crores of rupees affecting the economy of the Nation, the conditions should be in commensurate with the extent of contravention and a lenient view should not be taken. It is further urged that since the petitioner herself had agreed to abide by all the conditions that may be imposed for her release on bail, she is not entitled to resist the conditions imposed.