The Leave is granted Feeling aggrieved and dissatisfied with the impugned order passed by the Madurai Beach of the Madras High Court, by which the High Court has released the appellant on default bail, on condition to deposit rs.8,00,000/- before the learned Judicial Magistrate, Nagercoil, Kanyakumari district, the original accused has preferred present appeals. That the appellant herein was arrested and remanded to the judicial custody for the offences punishable under section 420 on the file of the D.C.B. Police Station, Kanyakumari District. That the appellant herein filed an application before the learned Judicial Magistrate seeking bail under Section 437 Cr.p.c That the wife of the appellant filed an affidavit before the learned Magistrate and assured to pay 7,00,000/- and the balance amount to be paid against the alleged amount of Rs. 15,67,338/-. Therefore by order, the learned Magistrate released the appellant on bail on the conditions stated in the said order. One of the condition was directing the appellant to deposit money in the court, and the balance amount was directed to be deposited.
The appellant approached the High Court and prayed to release the appellant on default bail. It was the case on behalf of the appellant that non-deposit of any amount which was required to be deposited pursuant to the order passed by the learned magistrate, imposed while releasing the appellant on regular bail.., shall not come in the way of the appellant accused in getting default bail. It was submitted that the default bail is mandatory bail, provided the conditions in Section 167 Cr.P.C are satisfied i.e. investigation is not completed and the charge sheet is not filed by the investigation agency within the time stipulated. The High Court by the impugned judgment and order accepted the same, however, considering the earlier undertaking given by the wife of the appellant in the court of the learned magistrate while considering the bail application, to deposit money, while releasing the appellant on default bail, the High Court has imposed the condition that the appellant shall deposit sum before the learned magistrate. That thereafter, the appellant preferred application before the High Court to modify condition by which the appellant was directed to deposit amount before the learned Judicial Magistrate and the appellant was directed to report before Judicial Magistrate and the appellant was directed to report before the concerned police station until further orders for interrogation. By the impugned order, The High Court has dismissed the said application for modification observing that earlier wife of the appellant filed affidavit before the learned magistrate. And the alleged are not required to be modified. Hence, the present appeals.