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TMI Blog2009 (3) TMI 1078X X X X Extracts X X X X X X X X Extracts X X X X ..... the "Code") and granted the relief of anticipatory bail as prayed. The appellants are aggrieved due to imposition of alleged onerous condition for grant of anticipatory bail. 3. A complaint was filed by one A. Nizam Bash S/o Late M. Abdul Salam, Respondent No. 2 contending inter alia that the appellants and another person namely Karuppasami are legal heirs of one Raju and that they owned a house which is located at Coimbatore. In the said complaint, the Complainant alleged that on coming to know that the said house bearing No. 34 to 39, Ward No. 62, P.V. Krishnan Saibaba Colony, Coimbatore is open and ready for sale, the Complainant on behalf of the son-in-law who is working as Engineer and residing with his family in Malaysia negotiated w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 11,50,000/- from Punjab National Bank by means of pledging the documents and that a decree was passed against Kumudha and Chitra regarding the pledged properties. It is thus alleged that the accused concealed the real fact and fraudulently received a sum of Rs. 32.5 lakhs as sale consideration and thereby cheated the complainant and his son-in- law and his wife. 5. On receipt of the aforesaid complaint, a case was registered treating the said complaint as the First Information Report. 6. The appellants herein apprehending arrest in the aforesaid case registered under Section 120B and 420, IPC filed a petition under Section 438 of the Code seeking anticipatory bail. 7. On perusal of the submissions made and material on record, the High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unsel appearing for the appellants submitted before us that the conditions imposed by the High Court while granting anticipatory bail to the appellants were not only onerous but also unreasonable. It was also submitted that conditions imposed by the High Court for granting anticipatory bail on their deposit of Rs. 32,00,000/- amounts to putting a fetter on the order granting anticipatory bail as the appellants are unable to satisfy the conditions which are beyond their means and powers. 12. Learned counsel appearing for the respondent, however, submitted that the aforesaid pre-conditions put by the Court for grant of anticipatory bail to the appellants were called for and justified in the facts and circumstances of the present case. It was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and circumstances, the High Court passed the impugned order with the intention of protecting the interest of the complainant in the matter. In our considered opinion, the approach of the High Court was incorrect as under the impugned order a very unreasonable and onerous condition has been laid down by the Court as a condition precedent for grant of anticipatory bail. 16. This Court in Amarjit Singh v. State of NCT of Delhi, reported in JT 2002 (1) SC 291, held as under:- "4. Having regard to the facts and circumstances of the present case, we have no hesitation in coming to the conclusion that the imposition of condition to de- posit the sum of Rs. 15 lacks in the form of FDR in the Trial Court is an unreasonable condition and, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can be decided only when the trial concludes, if the case is charge-sheeted by the police". 17. It is not disclosed from the record that the High Court considered the entire facts of the case in proper perspective and proceeded to dispose of the prayer for anticipatory bail oblivious of the facts of the case and contrary to correct legal position with regard to law relating to grant of anticipatory bail. The High Court should have considered the entire facts of the case including the gravity of the offence alleged and in the light thereof should have considered the prayer for grant of anticipatory bail. In that view of the matter, we feel that the entire order passed by the High Court is required to be set aside and the matter to be recon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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