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TMI Blog2020 (10) TMI 1249X X X X Extracts X X X X X X X X Extracts X X X X ..... s released the appellant on default bail/statutory bail, on condition to deposit Rs. 8,00,000/- ( Rupees Eight Lakhs only) to the credit of crime No. 31 of 2019 before the learned Judicial Magistrate, Court No.1, Nagercoil, Kanyakumari District, the original accused has preferred the present appeals. 3. That the appellant herein was arrested and remanded to the judicial custody on 31.01.2020 for the offences punishable under Section 420 of the IPC in Crime No.31 of 2019 on the file of the D.C.B. Police Station, Kanyakumari District. That the appellant herein filed an application before the learned Judicial Magistrate seeking bail under Section 437 Cr.P.C. That the wife of the appellant filed an affidavit before the learned Magistrate and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for more than 101 days and the investigation is not completed and the police has not filed the final report within the period provided under Section 167 Cr.P.C. The said application came to be dismissed by the learned Sessions Court on the ground that earlier when the appellant applied for regular bail and which was allowed on condition to deposit Rs. 7,00,000/- in the Court and the same has not been complied with, and despite the liberty reserved by the High Court to approach the Magistrate Court for modification of the conditions, instead of doing so, the appellant has filed an application for default bail/statutory bail under Section 167(2), Cr.P.C., therefore, the learned Sessions Court dismissed the said application. 5. Feeling aggrie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant was directed to deposit Rs. 8,00,000/- before the learned Judicial Magistrate and the appellant was directed to report before the concerned police station daily at 10:00 a.m., until further orders, for interrogation. By the impugned order dated 27.07.2020, the High Court has dismissed the said application for modification observing that earlier wife of the appellant filed affidavit before the learned Magistrate to deposit Rs. 7,00,000/- and the alleged amount is Rs. 32,23,073/-, condition nos. (b) and (d) in order dated 24.06.2020 in Criminal OP(MD) No. 6214/2020 are not required to be modified. Hence, the present appeals. 6. Learned counsel appearing on behalf of the appellant has vehemently submitted that condition nos. (b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appearing on behalf of the appellant that affidavit filed by the wife of the appellant before the learned Magistrate to deposit Rs. 7,00,000/- and the earlier order passed by the learned Magistrate to release the appellant on deposit of Rs. 15, 67,338/- was with respect to regular bail under Section 437, Cr.P.C. and the same shall not come in the way of the appellant in getting the default bail/statutory bail, if a case is made out under Section 167(2), Cr.P.C. It is submitted that, as such, and in fact the High Court has accepted the same and has released the appellant on default bail/statutory bail, however, with condition to deposit Rs. 8,00,000/- on the ground that while considering the regular bail application under Section 437, Cr.P. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f deposit of amount as imposed by the High Court, could have been imposed? 9. Having heard the learned counsel for the respective parties and considering the scheme and the object and purpose of default bail/statutory bail, we are of the opinion that the High Court has committed a grave error in imposing condition that the appellant shall deposit a sum of Rs. 8,00,000/- while releasing the appellant on default bail/statutory bail. It appears that the High Court has imposed such a condition taking into consideration the fact that earlier at the time of hearing of the regular bail application, before the learned Magistrate, the wife of the appellant filed an affidavit agreeing to deposit Rs. 7,00,000/-. However, as observed by this Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs passed by the High Court, it appears that the High Court while releasing the appellant on default bail/statutory bail has imposed the condition to deposit Rs. 8,00,000/- taking into consideration that earlier before the learned Magistrate and while considering the regular bail application under Section 437 Cr.P.C., the wife of the accused filed an affidavit to deposit Rs. 7,00,000/-. That cannot be a ground to impose the condition to deposit the amount involved, while granting default bail/statutory bail. 9.2. The circumstances while considering the regular bail application under Section 437 Cr.P.C. are different, while considering the application for default bail/statutory bail. Under the circumstances, the condition imposed by the Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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