Ponnammal

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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.________ OF 2023

(Arising out of SLP(Criminal) No.8967/2022)
PONNAMMAL Appellant(s)
VERSUS
STATE REP BY THE INSPECTOR OF POLICE Respondent(s)
O R D E R
Application seeking impleadment is allowed.
Leave granted.
Heard the learned counsel for the appellant as also the
learned Standing Counsel for the respondent-State and the learned
counsel for the private respondent.
The appellant is assailing the Order dated 22.07.2022, whereby
the High Court of Judicature at Madras had rejected the application
seeking modification of the condition imposed by it through the
Order dated 17.06.2022 in Crl. O.P. No. 13955 of 2022 wherein,
while granting bail to the appellant, the High Court had taken note
of the willingness of the appellant to execute the memorandum of
deposit of title deeds in favour of the Banker and made the same a
condition for the grant of bail.
In a matter of the present nature, we are clear that when an
application for bail is considered, the Court concerned will have

Signature Not Verified
Digitally signed by
to consider it on its own merits and in accordance with law and
Nisha Khulbey
Date: 2023.02.25
12:28:23 IST
Reason:
onerous conditions cannot be imposed if it decides to grant bail,
on the facts emerging in the case.

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However, in the instant facts, we note that as recorded in
para 6 of the order dated 17.06.2022 passed by the High Court of
Madras, it was the learned counsel for the appellant, who had
undertaken to execute the memorandum for deposit of title deeds in
favour of the Banker in respect of the subject property except the
share of one of her sons and therefore, the High Court, without
going further into the merits of the rival contentions, has granted
the bail.
Since, at this juncture, the learned counsel for the appellant
submits that there was no such instructions issued to the counsel,
and the undertaking given by the appellant is not justified, the
only option for this Court is to set aside the Order dated
17.06.2022 and restore the bail application filed at the instance
of the appellant to the file of the High Court so that the High
Court can take a decision in the matter on its own merits and in
accordance with law.
In that view of the matter, the Orders dated 22.07.2022
impugned herein and 17.06.2022 respectively are set aside. Criminal
O.P. No. 13955 of 2022 is restored to the file of the High Court at
Madras. We request the High Court to list the appeal for
consideration within a period of two weeks from this day and decide
the same on its merits and in accordance with law by regulating the
further proceeding as per its convenience.
The learned counsel for the parties shall appear before the
High Court without expecting further notice from the High Court.
Considering that the appellant had enjoyed the benefit of the bail,
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the interim protection granted to the appellant is extended for a
period of three weeks. However, the High Court may consider whether
any further interim protection is to be granted to the appellant
when the Criminal O.P. No. 13955 of 2022 is listed for hearing as
indicated above.
All contentions, which are urged, are left open to be urged
before the High Court in accordance with law.
Further, we make it clear that we have not expressed any
opinion on the merits of the rival contentions.
The appeal is disposed of in above terms.
Pending application(s), if any, shall stand disposed of.
...................J.
(A.S. BOPANNA)
...................J.
(J.B. PARDIWALA)
New Delhi
23rd February, 2023
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ITEM NO.1 COURT NO.12 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 8967/2022
(Arising out of impugned final judgment and order dated 22-07-2022 in

CRLMP No. 10414/2022 passed by the High Court Of Judicature At Madras)
PONNAMMAL Petitioner(s)
VERSUS
STATE REP BY THE INSPECTOR OF POLICE Respondent(s)
(I.A. No. 5292/2023-IMPLEADMENT)

(IA No.142236/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 142236/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Date : 23-02-2023 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA

HON'BLE MR. JUSTICE J.B. PARDIWALA
For Petitioner(s) Ms. Aswathi M.k., AOR

Mr. J.arul Pragasam, Adv.
Mr. Arivazhagan .a.c, Adv.
Mr. P.prabhakar, Adv.
For Respondent(s) Dr. Joseph Aristotle S., AOR

Mr. Shobhit Dwivedi, Adv.
Mr. M. Yogesh Kanna, AOR

Mr. S.k. Srinivasan, Adv.
Mr. Vasu Kalra, Adv.
UPON hearing the counsel the Court made the following

O R D E R
Application seeking impleadment is allowed.

Leave granted.
The appeal is disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(NISHA KHULBEY) (DIPTI KHURANA)

SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
(signed order is placed on the file)

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1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPEAL No.________ OF 2023

STATE REP BY THE INSPECTOR OF POLICE Respondent(s)

Application seeking impleadment is allowed.

Heard the learned counsel for the appellant as also the

learned Standing Counsel for the respondent-State and the learned

counsel for the private respondent.

The appellant is assailing the Order dated 22.07.2022, whereby

the High Court of Judicature at Madras had rejected the application

seeking modification of the condition imposed by it through the

Order dated 17.06.2022 in Crl. O.P. No. 13955 of 2022 wherein,

of the willingness of the appellant to execute the memorandum of

condition for the grant of bail.

In a matter of the present nature, we are clear that when an

application for bail is considered, the Court concerned will have

onerous conditions cannot be imposed if it decides to grant bail,

on the facts emerging in the case.

However, in the instant facts, we note that as recorded in

para 6 of the order dated 17.06.2022 passed by the High Court of

undertaken to execute the memorandum for deposit of title deeds in

favour of the Banker in respect of the subject property except the

Since, at this juncture, the learned counsel for the appellant

submits that there was no such instructions issued to the counsel,

and the undertaking given by the appellant is not justified, the

17.06.2022 and restore the bail application filed at the instance

accordance with law.

In that view of the matter, the Orders dated 22.07.2022

impugned herein and 17.06.2022 respectively are set aside. Criminal

Madras. We request the High Court to list the appeal for

further proceeding as per its convenience.

the interim protection granted to the appellant is extended for a

any further interim protection is to be granted to the appellant

All contentions, which are urged, are left open to be urged

before the High Court in accordance with law.

Further, we make it clear that we have not expressed any

opinion on the merits of the rival contentions.

The appeal is disposed of in above terms.

Pending application(s), if any, shall stand disposed of.

ITEM NO.1 COURT NO.12 SECTION II-C

Petition(s) for Special Leave to Appeal (Crl.) No(s). 8967/2022

(Arising out of impugned final judgment and order dated 22-07-2022 in

STATE REP BY THE INSPECTOR OF POLICE Respondent(s)

(I.A. No. 5292/2023-IMPLEADMENT)

Date : 23-02-2023 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA

For Petitioner(s) Ms. Aswathi M.k., AOR

For Respondent(s) Dr. Joseph Aristotle S., AOR

Mr. M. Yogesh Kanna, AOR

UPON hearing the counsel the Court made the following

Application seeking impleadment is allowed.

(NISHA KHULBEY) (DIPTI KHURANA)

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