Neelamegam v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.30316 of 2019 Neelamegam
...Petitioner
Vs State by Inspector of Police, Avinasi Police Station, Avinasi, Tiruppur Dist.
...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to modify the condition No.2 directing the petitioner to execute a bond for Rs.10 lakhs along two sureties for the like sum for grant of interim custody of the vehicle custody of the vehicle imposed in Crl.M.P.No.7442 of 2019 by order dated 24.10.2019 on the file of the Judicial Magistrate, Avinasi.
For Petitioner : Mr.S.Kalyanaraman For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor
O R D E R
The prayer in the present petition is to modify the condition No.2 imposed by the learned Judicial Magistrate, Avinasi by an order dated 24.10.2019 in Crl.M.P.No.7442 of 2019.
2. Heard Mr.S.Kalyanaraman, learned counsel 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 Judgements 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. 1/2
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 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 condition No.ii imposed by the learned Judicial Magistrate, Avinasi in Crl.M.P.No.7442 of 2019, directing the petitioner to execute a bond for a sum of Rs.10,00,000/- along with two sureties for the like sum, is modified to the effect that the petitioner shall execute a bond for a sum of Rs.1,00,000/- with two sureties for the like sum.
6. All other observations made in the earlier order dated 24.10.2019 in Crl.M.P.No.7442 of 2019, shall remain intact.
7. Accordingly, this Criminal Original Petition stands ordered. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To
1. The Judicial Magistrate, Avinasi.
2a. do Thro The Chief Judicial magistrate Tiruppur
2. The Inspector of Police, Avinasi Police Station, Avinasi, Tiruppur District.
4. The Public Prosecutor, High Court of Madras.
+1 cc to Mr.S.Kalyanaraman Advocate sr97484 Crl.O.P.No.30316 of 2019 aa26/11/2019 2/2