Madras HC raps lower courts over imposition of heavy deposit for bail

CHENNAI: Observing that an alleged economic offender is languishing in prison for 70 days because a lower court imposed a hefty amount of Rs 1 crore as a bail bond, the Madras High Court cancelled the subordinate court’s order.

The Supreme Court and High Courts had consistently deprecated the practise of imposing heavy deposit amounts for bail, wrote Justice AD Jagadish Chandira while modifying the bail condition.

The judge set aside the order of the sessions court in Namakkal by reducing the bail amount to Rs 25,000 while allowing a petition moved by M Abinaya, an accused booked under section 420 IPC.

The case of the prosecution is that the petitioner along with her husband cheated the de facto complainant to the tune of Rs 15 crore.

Based on the complaint, the Namakkal police arrested Abinaya, however, her husband was granted anticipatory bail with a condition to execute Rs 1 crore as bond.

While the petitioner moved the bail plea before the principal sessions court, Namakkal, the judge granted the bail by imposing Rs 1 crore as a bail bond because the quantum of money involved in the alleged offence was Rs 15 crore. Aggrieved by this, Abinaya moved the high court.

Government advocate S Santhosh submitted that as the amount allegedly conned by the accused was huge, the heavy deposit was imposed. He further submitted that because the accused Abinaya’s husband failed to comply with the anticipatory bail condition, the plea should be rejected.