S.Prasath, M/A 38 Years, v. Mr.L.Dhandapani,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.11016 of 2018 S.Prasath ...

Petitioner Vs L.Dhandapani ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to modify the condition as to execute a bond for a sum of Rs.10,000/- with two sureties each for the like sum instead of that the petitioner should deposit a sum of Rs.50,000/- in S.T.C.No.664 of 2016 on the file of the learned Judicial Magistrate No.I, Kanchipuram, by docket order dated 22.11.2017.

For Petitioner :Mr.K.G.Senthil Kumar For Respondent :Mr.C.Raghavan Government Advocate (Crl.Side)

ORDER

The petitioner is facing a prosecution in S.T.C.No.664 of 2016 before the learned Judicial Magistrate No.I, Kanchipuram, under Section 138 of the Negotiable Instruments Act. 2.On summons, the petitioner appeared before the trial Court and on 05.07.2017, the trial Court directed him to execute a bond for a sum of Rs.10,000/- with two sureties under Section 88 of CrPC. The petitioner did not execute any bond for the reasons best known to him.

3.Thereafter, on 22.11.2017, the trial Court passed the following orders:

"22.11.2017 Both present.

Sufficient opportunity given. Sureties not produced. The accused is directed to deposit Rs.50,000/- towards this account by 14.12.2017."

Challenging this order, the petitioner is before this Court. 4.Recently, in Pankaj Jain vs. Union of India and another [2018 SCC Online SC 160], the Honourable Supreme Court has held that the trial Court may remand the accused to custody and refuse to accept the bond from the accused under Section 88 of CrPC.

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5.However, the learned Magistrate had not taken the extreme stage. When the accused appears before the Court in a bailable case under Section 436(1) of CrPC, he shall be released on bail. Only if the accused is on bail, the Court cannot suspend the sentence, if he is convicted under Section 389(3) of CrPC. 6.The learned counsel appearing for the petitioner submitted that the petitioner is ready and willing to execute a bond for Rs.10,000/- with two sureties, as directed by the learned Magistrate earlier.

7.Accepting the said submission, the petitioner is directed to surrender before the trial Court within a period of two weeks from the date of receipt of a copy of this order and file an application under Section 436(1) of CrPC for bail. On such application being filed, the petitioner shall be released on bail on the same day on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the trial Court. Thereafter, the direction issued by the trial Court for deposit of Rs.50,000/- will stand cancelled. If the petitioner absconds, a fresh FIR can be registered against him under Section 229A IPC. With the above direction, this Criminal Original Petition is ordered.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Judicial Magistrate No.I, Kanchipuram.

2.The Public Prosecutor, Madras High Court, Chennai.

+1 cc to Mr.K.G.Senthil Kumar Advocate sr 26074 Crl.O.P.No.11016 of 2018 aa11/04/2018 https://hcservices.ecourts.gov.in/hcservices/