The Hindu : Tamil Nadu News : Bail for accused in cheating case cancelled

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Friday, May 04, 2007
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Tamil Nadu

Bail for accused in cheating case cancelled

Special Correspondent

He was released, though he failed to comply with conditions: High Court "It must be presumed that release of the accused in the name of bail is ridiculous, irregular and erroneous"

CHENNAI: The Madras High Court has cancelled the bail granted to an accused in a case of alleged criminal breach of trust and cheating and dishonestly inducing delivery of property.

The order passed by the magistrate was "flouted by himself," Justice R. Regupathi said in his order.

In his petition, Pradeep Kumar, the de facto complainant, sought the cancellation of bail granted to Gautham Raj Surana, chairman, Surana Corporation, Sowcarpet, who was cited as the second accused in a case registered by the Central Crime Branch, Chennai, on January 20, 2007. After his arrest the same day, the VII Metropolitan Magistrate remanded Surana to judicial custody.

His bail application came up before the III Metropolitan Magistrate, George Town, on January 22. He was released on conditional bail.

Mr. Justice Regupathi said the police filed a petition for police custody of the accused, but the magistrate dismissed it. While granting bail, certain conditions were imposed on the basis of the seriousness of the prosecution case.

"After such conditions are imposed, it is the duty of the learned magistrate to see [to it] that such conditions are complied with in letter and in spirit." The directive to the accused to deposit Rs.20 lakh and produce sureties for the like sum was not met on January 22, but he was let out. "In such circumstances, it must be presumed that the release of the accused in the name of bail is ridiculous, irregular and erroneous," the judge said. When a report was sought from the magistrate, he offered an explanation. "On a perusal of the contemporaneous records of the learned magistrate and reports furnished, I am of the considered view that the explanation ... does not contain any iota of truth. Prima facie, it appears that the learned magistrate obliged the accused and let him off hurriedly without receiving solvent sureties... ," he said.

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