Thiru. Nagaraj, (65 Years), v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2017
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.22213 of 2017 1.Nagaraj 2.N.Bharathi 3.N.Veni ..Petitioners /Accused Vs.
State rep. by The Inspector of Police, M-1 Periyanaickenpalayam Police Station, Coimbatore.
(Cr. No:393/2017) ..Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to modify the conditions imposed in the order dated 10.10.2017 made in Crl.M.P. No.2443 of 2017, on the file of the Principal District and Sessions Judge, Coimbatore. For Petitioners : Mr.N.Anand Venkatesh For Respondent : Mr.P.Govindarajan, Additional Public Prosecutor
O R D E R
The petitioners, who have been arrayed as an accused in Crime No.393 of 2017 was granted anticipatory bail on precondition to execute a bond for a sum of Rs.10,000/- each by the learned Principal District & Sessions Judge, Coimbatore on 10.10.2017. Seeking to modify the same, the present petition had been filed.
2.Heard Mr.N.Anand Venkatesh, learned counsel appearing for the petitioners and Mr.P.Govindarajan, 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.I do not find any justification why the petitioner should appear before the Inspector of Police, Virudhunagar Bazaar Police Station, daily at 10.00 am until further orders. Since the case is now pending before the respondent herein, this court is inclined to modify condition (iii) alone. 6.In the result, the Criminal Original Petition stands allowed. Consequently, the condition imposed on the petitioner in Crl.M.P.No.2443 of 2017 by its order dated 10.10.2017 directing the petitioner to appear before the Inspector of Police, Virudhunagar Bazaar Police Station, daily at 10.
00 am until further orders shall stand modified as follows: "the petitioner shall report before the respondent herein daily at 10.30 a.m., for a period of one week and thereafter as and when required." All other conditions imposed in the order dated 10.10.2017 in Crl.M.P.No.2443 of 2017 shall remain intact.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gv To 1.The Principal District & Sessions Judge, Coimbatore.
2.The Inspector of Police, M-1 Periyanaickenpalayam Police Station, Coimbatore.
3.The Inspector of Police Virudhanagar bazaar Police Station Virudhanagar 4.The Public Prosecutor, High Court, Madras.
+1 cc to Mr.N.Anand Venkatesh Advocate sr 76115 Crl.O.P.No.22213 of 2017 rj(co) aa15/11/2017