P.TINESH ALAGU Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to modify the condition imposed in the order dated 24.08.2017 made in Cr.M.P.No.2614 of 2017 on the file of the Principal Sessions Court, Trichirappalli, insofar as imposing the condition to pay the sum of Rs.1,86,010/- by the petitioner.

(2.) The case of the prosecution is that the petitioner misappropriated a sum of Rs.2,86,010/- from the de-facto complainant firm.

(3.) The learned counsel for the petitioner submitted that during the pendency of the FIR, the petitioner has moved anticipatory bail petition before the Principal Sessions Court, Trichy, under Section 438 Cr.P.C. While considering the said anticipatory bail petition, the Court below without keeping in mind the legal position that the contents of the FIR are only allegations, after contest and trial only, the truth will prevail as to whether the petitioner has committed the offence or not. Hence, imposing such onerous condition while granting anticipatory bail is opposed to law and hence, the said condition is liable to be modified.