TaxTMI 
TaxTMI 
2019 (3) TMI 1898
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....man and a divorce petition is also pending between her and her husband. Learned counsel further contends that condition of depositing the aforesaid amount is not only illegal and arbitrary but unreasonable also. The petitioner is having no criminal background and a serious prejudice will be caused to her as due to non-deposit of said amount, she cannot be released on bail. Learned counsel also contends that the petitioner also filed an application for modification of order dated 14.05.2018, which was dismissed vide order dated 31.05.2018. Learned counsel for the petitioner has also relied upon the judgments of Hon'ble Apex Court in the case of Sandeep Jain Vs. National Capital Territory of Delhi rep. by Secretary, Home Department 2000 (1) RCR (Criminal) 517, Ramathal and others Vs. Inspector of Police and another 2009 (12) SCC 721 and of Madras High Court in the case of Amaldoss and others Vs. State, Rep. by the Inspector of Police, Patteeswaram Police Station, Thanjavur District 2015 (13) RCR (Criminal) 809, in support of his contentions. Learned counsel for the respondent-State has opposed the submissions made by learned counsel for the petitioner on the ground that a deta....
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....nd for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court.] (2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non- bailable offence, but that there are sufficient grounds for further inquiry into his 1 guilt the accused shall, subject to the provisions of section 446A and pending such inquiry, be released on bail] or at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided. (3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub- section (1), the Court may impose any condition which the Court considers necessary- (a) In order to ensure that such person ....
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....sion of the Court; (iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section. Sections 440,441 and 445 of Cr.PC. are also relevant and they are reproduced as under:- "440. Amount of bond and reduction thereof. (1) The amount of every bond executed under this chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive. (2) The High Court or Court of Session may direct that the bail required by a police officer or Magistrate be reduced. :441. Bond of accused and sureties. (1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be. (2) Where any condition, is imposed for the release of any person on bail, the bond shall also contain that conditi....
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....pex Court as well as by this Court that imposing a condition of depositing money is excessively onerous and unreasonable and such condition may even amount to denial of bail itself. Similar issue was there before Hon'ble the Apex Court in the case of Sreenivasulu Reddy Vs. State of Tamil Nadu (2002) 10 SCC 653, wherein, the Court granted anticipatory bail to accused with a condition to deposit an amount of Rs. 50,000/- along with other conditions. Aggrieved by imposition of such condition, the accused preferred an appeal before Hon'ble the Apex Court. Hon'ble the Apex Court has held that while exercising jurisdiction under Section 438 (2) of the Cr.P.C., the Court ought only to impose such conditions/terms for enlarging an accused on bail as would ensure that the accused does not abscond. The relevant portion of the judgment as mentioned in para 6 of the said judgment is reproduced as under:- "Having considered the rival submissions and the provisions of Section 438 Cr.P.C., we are of the considered opinion that the Court while exercising jurisdiction under Section 438 Cr.P.C., must bear in mind and be satisfied that the accused will not abscond or otherwise misus....
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....ny condition has to be interpreted as a reasonable condition acceptable in the facts permissible in the circumstance and effective in the pragmatic sense and should not defeat the order of grant of bail. We are of the view that the present facts and circumstances of the case do not warrant such extreme condition to be imposed." The Supreme Court, while concluding, held as - "11. While exercising power under Section 438 of the Code, the court is duty-bound to strike a balance between the individual‟s right to personal freedom and the right of investigation of the police. For the same, while granting relief under Section 438(1), appropriate conditions can be imposed under Section 438(2) so as to ensure an uninterrupted investigation. The object of Patna High Court Cr.Misc. No.1320 of 2016 (3) dt.01-04-2016 11 putting such conditions should be to avoid the possibility of the person hampering the investigation. Thus, any condition, which has no reference to the fairness or propriety of the investigation or trial, cannot be countenanced as permissible under the law. So, the discretion of the court while imposing conditions must be exercised with utmost restraint.....