NEHRU Vs. STATE

JUDGEMENT

(1.) This petition has been filed for modification of the condition imposed by the learned CCB and CBCID Metropolitan Magistrate, Egmore, Chennai in Crl. M.P. No. 7403 of 2018 dtd. 2/1/2019.

(2.) The case of the prosecution is that the petitioner along with the first accused had approached the de-facto complainant who is in the trade of leasing out construction equipments. The first accused namely Sambasiva Rao along with this accused had taken out the construction equipments on monthly rent and also agreed to pay the monthly rent for the equipments entrusted to the accused. Further alleging that the defacto complainant believing words of the accused had supplied construction equipments to the value of Rs.2,31,34,950.00. Construction equipments were supplied to the destination mentioned by the first accused. The rent has been paid till may 2017. Thereafter, the first accused defaulted paying monthly rent as agreed. On verification the informant came to know with this accused purchased the construction equipments from the first accused for a cheaper prices. Basing on complaint the above stated case came to be registered for the offences under Ss. 406, 420 of IPC.

(3.) The learned counsel for the petitioner would submit that the petitioner was arrested and remanded to judicial custody on 2/11/2018 and continue to be in custody for more than 80 days and as such he is entitled to be released on statutory bail as per the provision contemplated under Sec. 167 (2) Cr.P.C. Hence the petitioner prayed to grant bail before the learned CCB and CBCID Metropolitan Magistrate, Egmore, Chennai. Unfortunately, the learned trial Judge had imposed the following conditions while granting statutory bail in Crl. M.P No. 7403 of 2018 dtd. 2/1/2019:-