Default bail conditions cannot defeat the indefeasible statutory right when an onerous deposit requirement is imposed.

Default bail under Section 167(2) of the Code of Criminal Procedure is an indefeasible right once the statutory conditions are met, and it cannot be made illusory by an onerous monetary condition unrelated to bail. The Madras HC held that requiring deposit of Rs. 15 lakhs as a condition for default bail was impermissible because it effectively defeated the statutory right. The court deleted the condition and allowed the petition.

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Issues: Whether the condition requiring deposit of Rs. 15 lakhs while granting default bail was liable to be deleted.

Analysis: Default bail under Section 167(2) of the Code of Criminal Procedure, 1973 is an indefeasible right once the statutory requirements are satisfied. Such a right cannot be taken away or rendered illusory by imposing an onerous monetary condition that has no necessary connection with the grant of bail.

Conclusion: The condition directing deposit of Rs. 15 lakhs was deleted and the petition was allowed.

Ratio Decidendi: A condition attached to default bail cannot be so onerous as to defeat the statutory indefeasible right conferred by Section 167(2) of the Code of Criminal Procedure, 1973.

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