TaxTMI 
TaxTMI 
2018 (11) TMI 1789
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.... 2. The case of the prosecution is that on the inducement of the petitioner, a sum of Rs. 45 crores has been transferred to the bank account of the petitioner and others by the father of the complainant. Further alleged that the petitioner promised the father of the complainant to arrange foreign funds as loan for construction of a proposed hospital by the complainant's father. By that the petitioner said to have misappropriated by inducing the defacto complainant on part with money. 3. The learned counsel appearing for the petitioner would submit that the petitioner was arrested and remanded to judicial custody on 06.07.2018 by the respondent police. Further he would submit that, the petitioner was detained after the statutory per....
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....bhavathi, learned Additional Public Prosecutor appearing for the respondent. 5. On perusal of the records, it is seen that the petitioner was arrested and remanded to judicial custody on 06.07.2018. Since the respondent did not filed the charge sheet, the Court below enlarged the petitioner on statutory bail, as per the procedure contemplated under Section 167(2) Cr.P.C. While granting bail, the learned Magistrate imposed condition that the petitioner shall deposit a sum of Rs. 5 crores to the credit of Crime No. 453 of 2017, on the file of the respondent police. It is relevant to read the Section 167(2) Cr.P.C. as follows:- "Section 167(2) - The Magistrate to whom an accused person is forwarded under this section may, whether h....
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.... 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 " From the above, the only condition can be imposed, while granting anticipatory bail under Section 167(2) Cr.P.C. is that the accused persons shall be released on bail if he is prepared to and does furnish bail. Apart from that no other requirement is necessary for grant of statutory bail as per Section 167(2) Cr.P.C. 6. The learned Senior Counsel also relied upon the order in Crl. O.P. No. 18056 of 2006 dated 29.09.2000 in the matter of Baskar and Others v. State and Others, the following paragraphs:- "14. The failure to file charge sheet or final report before the period presc....
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....ny of the ruling have stated that any exemption can be made in such a case where application is filed in accordance with Section 167(2). So once the bail application is filed after expiry of the prescribed period and before challan is filed, the Court has no business to look into the gravity of the crime committed to justify the judicial custody beyond the prescribed period under Section 167(2) Code of Criminal Procedure. 15. It is not as if the difficulty of prosecution agency in certain cases to file final report within the period because of the voluminous evidence or records or difficulty in gathering evidence in case of complicated matters has been overlooked. Neither the Act nor the Apex Court had held that no charge sheet can....
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....also placed reliance on a decision of this Court in Nagarajan, etc. and Others v. State of Tamil Nadu 2002-2-LW (Crl) 545 wherein this Court has held that filing of a defective charge sheet and returning the same of rectify the defect amounts to non-filing of charge-sheet and will not defeat the right of the accused to be released on bail after expiry of 90 days. 10. In the decision cited supra, this Court has taken into consideration of the decision rendered by the Honourable Supreme Court in respect of the right of the accused under Section 167(2) Cr.P.C., elaborately. In spite of the above said reliance placed before the learned Magistrate, the learned Magistrate simply brushed aside the same with a single line that the petition....