V SATYANARAYAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal petition raises an important question whether by virtue of powers under Section 438(2) of Cr.PC, the Court can impose any conditions not related to the conditions mentioned in sub-clauses (i), (ii) and (iv) of sub-section (2) of Section 438 of Criminal Procedure Code, 1973.

(2.) The facts are that the petitioner herein was accused of offences under Sections 39 and 44 of Indian Electricity Act in Crime No.13 of 1999 of Visakhapatnam P.S. of APTS He made an application under Section 438 of Cr.PC for anticipatory bail. The learned IV Addl. Sessions Judge, Visakhapatnam passed a direction under Section 438 of Cr.PC that in the event of the arrest of the petitioner by the Inspector of Police, Vigilance and APTS., APSE Board, Visakhapatnam, he shall be released on bail on his executing a person bond in a sum of Rs.10,000.00. In the same order, the learned Judge also directed as a condition to deposit on amount of Rs.55,491.00in the office of the Asst. Divisional Engineer, Operations, Chodavaram. It was on the condition of depositing such amount, anticipatory bail was granted.

(3.) This petition under Section 482 of Cr.PC has been filed to challenge the said condition imposed by the learned Sessions Judge while granting anticipatory bail.