Vennila Fernandez, F/A 42 Yrs, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.23013 of 2017 Vennila Fernandez ..Petitioner /Accused-2 Vs.

State rep. by The Inspector of Police, Central Crime Branch, Team-1, Chennai.

(Crime No.221/2017) ..Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to modify the conditions imposed on the petitioner in Crl.M.P.No.15350 of 2017 by its order dated 11.10.2017 passed by the learned Principal Sessions Judge, Chennai. For Petitioner : Mr.R.C. Paul Kanagaraj For Respondent : Mr.C. Iyyapparaj Additional Public Prosecutor

O R D E R

Petitioner, who had been arrayed as second accused in Crime No.221 of 2017 was granted anticipatory bail on pre-condition to deposit a sum of Rs.5,00,000/- by the learned Principal Sessions Judge, Chennai on 11.10.2017. Seeking to modify the same, the present petition had been filed.

2.Heard Mr.R.C.Paul Kanagaraj, 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 https://hcservices.ecourts.gov.in/hcservices/

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.15350 of 2017 by its order dated 11.10.2017 directing the petitioner to deposit a sum of Rs.5,00,000/- shall stand modified as follows:

"the petitioner shall execute a bond of undertaking to the tune of Rs.5,00,000/- instead of depositing a sum of Rs.5,00,000/-.

All other conditions imposed in the order dated 11.10.2017 in Crl.M.P.No.15350 of 2017 shall remain intact. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar smi To 1.The Principal Sessions Judge, Chennai.

2.The Inspector of Police, Central Crime Branch, Team-1, Chennai.

3.The Public Prosecutor, High Court, Madras. +1 CC to Mr.R.C. Paul Kanagaraj, Advocate sr 76430. Crl.O.P.No.23013 of 2017 SP(30/10/2017) https://hcservices.ecourts.gov.in/hcservices/