MANU/SC/0764/2020

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 681-682 of 2020 (Arising from S.L.P. (Criminal) Nos. 4386-4387/2020)

Decided On: 15.10.2020

Appellants: Saravanan
Vs.
Respondent: State represented by the Inspector of Police

Hon'ble Judges/Coram:
Ashok Bhushan, R. Subhash Reddy and M.R. Shah

JUDGMENT

M.R. Shah, J.

1. Leave granted.

2. Feeling aggrieved and dissatisfied with the impugned order dated 24.06.2020 in Criminal O.P.(MD) No. 6214 of 2020 and order dated 27.07.2020 in Criminal M.P.(MD) No. 3622 of 2020 passed by the Madurai Bench of the Madras High Court, by which the High Court has 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 Indian Penal Code 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 Code of Criminal Procedure. That the wife of the Appellant filed an affidavit before the learned Magistrate and assured to pay Rs. 7,00,000/- (Rupees Seven Lakhs only) and the balance amount to be paid on or before 06.04.2020, against the alleged amount of Rs. 15,67,338/- (Rupees Fifteen lakhs Sixty Seven thousand Three hundred thirty eight only). Therefore, by order dated 3.2.2020, the learned Magistrate released the Appellant on bail on the conditions stated in the said order. One of the conditions was directing the Appellant to deposit Rs. 7,00,000/- in the Court, and the balance amount of Rs. 8,67,338/- was directed to be deposited on or before 06.04.2020.

4. Feeling aggrieved and dissatisfied with condition Nos. 2 and 3 of the order passed by the learned Magistrate releasing the Appellant on bail, i.e., directing the Appellant to deposit Rs. 7,00,000/-, out of the total alleged amount of Rs. 15,67,338/- and the balance to be deposited on or before 6.4.2020, the Appellant approached the High Court by way of Criminal OP(MD) No. 6214 of 2020. The High Court dismissed the said application with liberty to the Appellant to approach the Magistrate Court for any modification and observed that if any modification is required, the same may be considered by the Magistrate. That thereafter, the Appellant filed an application before the learned Sessions Court being Criminal M.P. No. 1695/2020 to release the Appellant on default bail/statutory bail Under Section 167(2), Code of Criminal Procedure. It was the case on behalf of the Appellant that he was arrested and remanded on 31.01.2020 and he is inside the jail 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 Code of Criminal Procedure. 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 ........