GOPINATH Vs. STATE

JUDGEMENT

(1.) The petitioner herein is the 1st accused in Cr.No.22 of 2017 for the offence under Section 420 of IPC on the file of the respondent police. It is seen from the records that the respondent police has registered a case in Cr.No.22 of 2017 on 24.10.2017 for the offence under Section 420 IPC against the petitioner herein on the basis of the complaint one Ramachandran. The petitioner was arrested by the respondent police on 28.10.2017 and he was remanded to Judicial custody by the learned Judicial Magistrate No.II, Salem.

(2.) The petitioner moved a bail application in Crl.M.P.No.7224 of 2017 before the learned Judicial Magistrate No.II, Salem and he was enlarged on bail by an order dated 06.12017 on condition that he should deposit a sum of Rs.50,00,000/- and to furnish two sureties for a like sum of Rs.50,000/-. As the petitioner has not complied the condition stipulated above, the bail granted to the petitioner was cancelled subsequently.

(3.) Later, the petitioner filed an application in Crl.M.P.No.239 of 2018 under Section 167(2) of Cr.P.C. claiming bail on the ground that he is liable to be released on bail as the Court had no power to extend the remand after 60 days from the date of arrest, since the respondent police failed to file charge sheet. The said petition was dismissed by the Learned Magistrate by order dated 11.08.2018 on the ground that the petitioner has not complied with the earlier conditions imposed in Crl.M.P.No.7224 of 2017 and by holding so, the Learned Judge had held that the petitioner is not entitled to get the relief under Section 167(2) Cr.P.C.