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2025 DIGILAW 306 (SC)

Mukesh Kumar v. State through rep. , by the Inspector of Police

2025-01-17

B.V.NAGARATHNA, SATISH CHANDRA SHARMA

body2025
ORDER : 1. Leave granted. 2. This appeal challenges the judgment and order dated 05.07.2024 passed by the High Court of Madras, in Crl.O.P.No.14070 of 2024. 3. Apprehending arrest in connection with a crime registered pursuant to First Information Report No.213 of 2023 dated 20.09.2023 lodged with Police Station Mambalam, District T. Nagar, in respect of offences punishable under Sections 406, 420, 468 and 120B of the Indian Penal Code, 1860, the appellants preferred an application before the High Court seeking anticipatory bail in terms of Section 438 of the Code of Criminal Procedure, 1973 ("the Code" for short). 4. The High Court, vide impugned interim order dated 05.07.2024, granted interim anticipatory bail to the appellants herein and imposed multiple conditions upon the appellants for the same, amongst which a condition imposed by the High Court was as under: "7. Accordingly, each of the Petitioners are directed to deposit a sum of Rs.10,00,000/-(Rupees Ten Lakhs only) totally a sum of Rs.30,00,000/- (Rupees Thirty Lakhs only) to the credit of Crime No. 213 of 2023 and on such deposit, the petitioners are ordered to be released on interim anticipatory bail on executing a bond for a sum of Rs. 10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XVII Metropolitan Magistrate, Saidapet..." 5. Challenging the imposition of the aforesaid condition for grant of bail, the appellants have preferred the present criminal appeal. 6. This Court, vide its order dated 20.08.2024, issued notice in the instant matter. Heard learned counsel for the appellants in support of the appeal and learned counsel for the respondent-State and perused the material on record. 7. Considering the facts on record, in our view, the case for deletion of the aforesaid condition for grant of anticipatory bail is made out. 8. We, therefore, allow this appeal and direct as under: It is directed that the appellants shall extend complete cooperation in the trial of the instant case. The appellants shall not misuse their liberty in any manner. The other conditions imposed by the High Court are not interfered with. Any infraction of the conditions shall entail cancellation of bail granted to the appellants. 9. With these observations, the appeal is allowed.