Nagaraj, M/A.30 Years, v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.27805 of 2017 Nagaraj ..Petitioner /Accused Vs.

The state rep. by The Inspector of Police, Vellakkoil Police Station, Tiruppur District.

(Crime No.1788 of 2010).

..Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition of the Assistant Sessions and Subordinate Court, Kangeyan, Tiruppur, order made in Crl.M.P.3 of 2017, in S.C.No.150 of 2016, dated 29.11.2017 "vi) the petitioner shall execute a own bond sum of Rs.10,000/- further the two sureties shall execute a bond of sum Rs.10,000/- of the two sureties one shall be a blood relation of the petitioner and further the both a sureties should produce good condition conduct certificate".

For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.C.Iyyapparaj, Additional Public Prosecutor

O R D E R

The petitioner, who had been arrayed as an 2nd accused in Crime No.1788 of 2010, was granted bail on pre-condition to execute a bond for Rs.10,000/- with two sureties each for a like sum and one shall be

a blood relation of the petitioner and further both the sureties should produce good condition conduct certificate by the learned Assistant Sessions and Subordinate Judge, Kangeyan, Tiruppur District on 29.11.2017. Seeking to modify the same, the present petition had been filed.

2.Heard Mr.W.Camyles Gandhi, 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, Chennai600 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.3 of 2017 in S.C.No.150 of 2016 by its order dated 29.11.2017 at para no.6, directing the petitioner to execute a bond for Rs.10,000/- with two sureties each for a like sum and one shall be a blood relation of the petitioner and further both the sureties should produce good condition conduct certificate shall stand modified as follows: "the petitioner shall execute a bond for Rs.10,000/- with two sureties each for a like sum."

14.12.2017 Index : Yes/No Internet : Yes/No cgi Note: Issue order copy on 15.12.2017

M.S.RAMESH.J, cgi To

1. The Assistant Sessions and Subordinate Court, Kangeyan, Tiruppur.

2.The Inspector of Police, Vellakkoil Police Station, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.27805 of 2017 14.12.2017