Monisha v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.26920 of 2019 1.Monisha 2.Shadana @ Bakkiya
...Petitioners
Vs The State Rep. by Station House Officer, Villupuram West Police Station, Villupuram.
(Crime No.452 of 2019)
...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to modify the condition order dated 12.09.2019 passed in Crl.M.P.No.6231 of 2019 by the Principal Sessions Judge, Villupuram, in so far as directing the petitioners to furnish one Government surety.
For Petitioners: Mr.M.Selvam For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor
O R D E R
The petitioners, who have been arrayed as accused, were granted bail by the learned Judicial Magistrate-I, Villupuram, on 12.09.2019 in Crl.M.P.No.6231 of 2019 for the offence under Section 379 of IPC, on condition that the petitioners execute a bond for a sum of Rs.10,000/- each with two sureties each (one of the surety must be Government Servant) for like sum to the satisfaction of the Court. Seeking to modify the same, the present Criminal Original Petition has been filed.
2. Heard Mr.M.Selvam, learned counsel for the petitioners 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 in S.J.John Basil & other vs State Rep. by its Deputy Superintendent of Police, EOW-II, Guindy, Chennai - 600032 in Crl.O.P.No.2600 of 2019 dated 06.02.2019. By relying on various https://hcservices.ecourts.gov.in/hcservices/
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 conditions came to be modified in the said order.
4. I am of the view that the 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 in the earlier order dated 12.09.2019 passed in Crl.M.P.No.6231 of 2019, is modified to the effect that the petitioners shall execute a bond for a sum of Rs.10,000/- each with two sureties for a like sum.
6. All other observations made in the earlier order dated 12.09.2019 shall remain intact.
Sd/- Assistant Registrar (J) //True Copy// Sub Assistant Registrar jas/hvk To 1.The Judicial Magistrate No.I, Villupuram.
2.The Principal Sessions Judge, Villupuram.
3.The Station House Officer, Villupuram West Police Station, Villupuram.
4.The Superintendent, Women Sub Jail, Cuddalore.
5. The Public Prosecutor, High Court of Madras.
+1cc to Mr.M.Selvam, Advocate, S.R.No. 85171 Crl.O.P.No.26920 of 2019 GN(15/10/2019) https://hcservices.ecourts.gov.in/hcservices/