M.Imransha v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.25658 of 2018 M.Imransha ... Petitioner Vs.

The State of Tamil Nadu, rep. by the Inspector of Police, Central Crime Branch - I, Channai.

... Respondent Criminal Original Petition filed under Section 439(1)(b) Cr.P.C. praying to modify the condition imposed by the learned Metropolitan Magistrate for CCB & CBCID cases, Egmore, Chennai in Crl.M.P.No.5813 of 2018 dated 15.10.2018 in so far as the condition No.1 that the accused shall deposit a sum of Rs.5,00,000/- to the credit of Crime No.167 of 2018 is concerned.

For Petitioner :

Mr.C.K.M.Appaji For Respondent :

Mrs.M.Prabhavathi Additional Public Prosecutor *****

O R D E R

This petition has been filed for modification of the conditions imposed by the learned Metropolitan Magistrate for CCB & CBCID cases, Egmore, Chennai in Crl.M.P.No.5813 of 2018 dated 15.10.2018.

2. The learned counsel for the petitioner would submit that the petitioner was arrested and remanded to judicial custody on 17.07.2018 and thereafter he was detained under Tamil Nadu Act 14, 1982 by the proceedings of the Commissioner of Police, Chennai in No.BCDFGISSSY No.336 of 2018 dated 22.05.2018 and subsequently the same was set aside by this Court in HCP.No.1183 of 2018 dated 22.10.2018. Thereafter, statutory bail was granted under Section 167(2) Cr.P.C by the trial Court. Unfortunately, the learned trial Judge had imposed the following conditions:

"(i)The accused shall deposit a sum of Rs.5 lakhs to the credit of Cr.No.167/2018.

(ii)After compliance of the 1st condition cited above, the petitioner shall furnish two sureties for like sum of Rs.1,00,000/- to the satisfaction of this Court and one among the surety shall be a blood relative of the accused.

(iii)The accused shall appear the sign before the respondent police daily at 10.30 a.m. And 6.00 p.m until further orders "

Therefore, he sought for modification of the conditions imposed by the Court of the CCB & CBCID Metropolitan Magistrate, Egmore, Chennai.

3. The learned Additional Public Prosecutor would submit that the petitioner involved in huge and grave crime. She would also submit that already the petitioner was detained under Act 14 and subsequently, his detention order was set aside by this Court. Therefore, she sought for dismissal of this petition seeking modification.

4. It is seen from the records that the petitioner was arrested and remanded to judicial custody on 17.07.2018. Subsequently, this Court also had set aside the detention order in HCP.No.1183 of 2018 by order dated 22.10.2018. The respondent has not laid the charge sheet in this case. Therefore, he is entitled for the statutory bail under Section 167(2) Cr.P.C. Therefore, the Court of the CCB & CBCID Metropolitan Magistrate, Egmore, Chennai granted bail and released the petitioner on condition that the petitioner shall deposit Rs.5,00,000/- to the credit of Cr.No.167 of 2018. Section 167(2) Cr.P.

the period of fifteen days; if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding,- (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;

(ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub- section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;] (b) no Magistrate shall authorise detention in any custody under this section unless the accused is produced before him;

(c) no Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police. 1 Explanation I.- For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail;]. 2 Explanation II.- If any question arises whether an accused person was produced before the Magistrate as required under paragraph (b), the production of the accused person may be proved by his signature on the order authorising detention.]"

5. It is the right of the accused for statutory bail for non filing of the charge sheet by the respondent police. Therefore, the said right cannot be extinguished by imposing conditions.

6. In view of the above discussions, this Court is inclined to modify the condition No.3(i) imposed by the Court of the CCB & CBCID Metropolitan Magistrate, Egmore, Chennai. Accordingly, the condition 3(i) of the order dated 15.10.2018 on the file of

the Court of the CCB & CBCID Metropolitan Magistrate, Egmore, Chennai stands deleted.

7. This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar dsa To 1.The Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police, Central Crime Branch - I, Channai.

3.The Public Prosecutor, High Court of Madras, Chennai.

+1cc to Mr.C.K.M.Appaji, Advocate, S.R.No.21030 CRL.O.P.No.25658 of 2018 rrs 13/11/2018