Manikandan @ Bottle Mani v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.02.2025

CORAM:

THE HON`BLE MR.JUSTICE SUNDER MOHAN Crl. O.P. No.3223 of 2025 Manikandan @ Bottle Mani S/o. Raja @ Gandhi ... Petitioner / Accused Vs State rep. by:- The Inspector of Police, H-6 R.K. Nagar Police Station, Chennai-600 021.

... Respondent [Cr. No.349 of 2016] PRAYER: - The Criminal Original Petition is filed under Section 183(1) of B.N.S.S. praying to modify condition No.7 imposed in Crl. M.P. No.36114 of 2024 dated 19.12.2024 by the learned IV Additional Sessions Judge, Chennai.

For Petitioner : Mr. M. Illiyas For Respondent : Mr. S. Balaji Government Advocate (Crl. Side)

ORDER

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This petition has been filed to modify the condition no.7 imposed in Crl. M.P. No.36114 of 2024 dated 19.12.2024 by the learned IV Additional Sessions Judge, Chennai.

2. Though bail was granted to the petitioner by the Sessions Court on 19.12.2024 vide order passed in Crl. M.P. no.36114 of 2024, the petitioner is still in custody, since he was not able to comply with condition no.7, imposed by the trial Court, which reads as follows:- "7. that the sureties shall produce the Fixed Deposit receipts to the tune of Rs.10,000/- existing in their name to show their eligibility to stand as a surety before this Court and the F.D. shall be for a minimum period of one year, before any Nationalized bank or any Post Office".

3. This Court is of the view that onerous condition cannot be imposed for grant of bail. The petitioner is unable to comply with the above said condition and is still in jail. Hence, this Court is of the view that the said condition has to be set aside. However, the petitioner shall execute a bond for Rs.10,000/- (Rupees Ten thousand only) along with 2/4

two sureties for a like sum each to the satisfaction of the Court. The other conditions remain unchanged.

10.02.2025 mjs To 1.The IV Additional Sessions Judge, Chennai.

2.The Public Prosecutor, High Court, Madras.

3.The Inspector of Police, H-6 R.K. Nagar Police Station, Chennai-600 021.

SUNDER MOHAN. J., mjs 3/4

Crl.

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