SC: Court cannot refuse to hear a bail application on the merit, saying the accused went back on
promise to settle.
Case Name : G Selvakumar vs State of Tamil Nadu
The Supreme Court has observed that a court cannot refuse to hear a bail application on merits on the
ground that the accused had failed to comply with the settlement offer made earlier and therefore set
aside an order passed by the Madras High Court which dismissed a bail application on the ground that
the accused had gone back on the promise to settle.
*The case arose out of an FIR registered over allegations of criminal breach of trust, cheating etc. and
the accused had sought for an interim bail by stating that he will settle the disputes relating to the
payment of money after he was released. But later the accused told that he was having difficulties in
paying the money due to certain domestic circumstances. The High court did not appreciate this
response and stated that the accused should have prayed for a regular bail instead of an interim bail if
he knew that he would not be in a position to make the payment and that he could not ask for
conversion of interim bail into regular bail. The HC dismissed the bail application.
The accused filed Special Leave Petition in the Supreme Challenging this order. The Supreme Court held
that the High court should have hear the bail application and should not have dismissed the same on the
ground that the accused had gone back on the promise made to the High Court. The Supreme Court
bench also stated that it did not intend to send the matter back to the High Court for fresh consideration
and that the accused should be released on bail subject to the satisfaction of the trial court.