Madras High Court
M.Ramadoss vs State Rep. By on 5 December, 2017
Author: M.S.Ramesh
Bench: M.S.Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.12.2017 CORAM THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.26498 of 2017 M.Ramadoss ..Petitioner /Accused Vs. State rep. by The Inspector of Police, R-7, K.K. Nagar Police Station, Chennai. (Crime No.1042 of 2017) ..Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to modify the order passed by the Hon'ble Principal Sessions Judge at Chennai dated 24.11.2017 in Crl.M.P.No.18511 of 2017. For Petitioner : Mr.D.Jagadeesan For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor O R D E R
The petitioner, who had been arrayed as accused in Crime No.1042 of 2017 was granted bail on pre-condition to deposit a sum of Rs.1,00,000/- by the learned Principal Sessions Judge, Chennai on 24.11.2017. Seeking to modify the same, the present petition had been filed.
2.Heard Mr.D.Jagadessan, learned counsel appearing for the petitioner and Mr.C.Iyyapparaj, learned Additional Public Prosecutor appearing for the respondent.
3.This Court had an occasion to deal with the validity of onerous conditions being passed while granting orders of bail or anticipatory bail or release of vehicles in Thiruvasagam Vs. State rep. by the Inspector of Police, B1, North Beach Police Station, Chennai-600 001 in Crl.O.P.No.20483 of 2017 dated 05.10.2017. By relying on various judgments of the Hon'ble Supreme Court as well as this Court, it was held therein that the Courts are not empowered to impose onerous conditions. Following the rationale laid down in the various orders of the Hon'ble Supreme Court, the onerous condition came to be modified in the said order.
4.I am of the view that the present condition imposed by the trial Court is a similar onerous condition and in view of the stand taken in the aforesaid order, the present petition seeking for modification also requires consideration.
5.In the result, the Criminal Original Petition stands allowed. Consequently, the condition imposed on the petitioner in Crl.M.P.No.18511 of 2017 by its order dated 24.11.2017 directing the petitioner to deposit a sum of Rs.1,00,000/- to the credit of Crime No. 1042 of 2017 shall stand modified as follows:
the petitioner shall execute a bond of undertaking to the tune of Rs.1,00,000/- instead of depositing a sum of Rs.1,00,000/-. All other conditions imposed in the order dated 24.11.2017 in Crl.M.P.No.18511 of 2017 shall remain intact.
05.12.2017 Index : Yes aav/rkp To
1.The Principal Sessions Judge, Chennai.
2.The Inspector of Police, R-7, K.K. Nagar Police Station, Chennai.
3.The Public Prosecutor, High Court, Madras.
M.S.RAMESH.J, aav/rkp Crl.O.P.No.26498 of 2017 05.12.2017