K.Devendran v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.31273 of 2019 K.Devendran
...Petitioner
Vs State Rep. by The Inspector of Police, Maduranthakam Police Station, Kancheepuram District.
...Respondent
(Crime No.280 of 2019) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to modify the condition imposed by the Principal District and Sessions Judge, Chengalpattu, by its order dated 11.11.2019 made in Crl.M.P.No.4142 of 2019, as to execute a bond for a sum of Rs.1,00,000/- instead of the condition that the petitioner has to deposit a sum of Rs.1,00,000/- as cash deposit. For Petitioner : Mr.R.Sasikumar For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor
O R D E R
The prayer in the present petition is to modify the condition imposed by the learned Principal District and Sessions Judge, Chengalpattu, by its order dated 11.11.2019 made in Crl.M.P.No.4142 of 2019.
2. Heard Mr.R.Sasikumar, 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 1/2 https://hcservices.ecourts.gov.in/hcservices/
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. Since the petitioner had already deposited a sum of Rs.30,000/-, pursuant to the condition order in an anticipatory bail application passed by this Court in Crl.O.P.No.28750 of 2019 dated 31.10.2019, it would be appropriate to relax the present condition.
5. In the result, the condition imposed by the learned Principal District and Sessions Judge in Crl.M.P.No.4142 of 2019, directing the petitioner to deposit a sum of Rs.1,00,000/- before the jurisdictional Tahsildar concerned, shall stand relaxed.
6. All other observations made in the earlier order dated 11.11.2019 in Crl.M.P.No.4142 of 2019, shall remain intact.
7. Accordingly, this Criminal Original Petition stands ordered. -s/dAssistant Registrar True Copy Sub-Assistant Registrar To
1. The Principal District and Sessions Judge, Chengalpattu.
2. The Inspector of Police, Maduranthakam Police Station, Kancheepuram District.
3. The Public Prosecutor, High Court of Madras.
+1 cc to M/s.R.Sasikumar Advocate sr97000 Crl.O.P.No.31273 of 2019 aa25/11/2019 2/2 https://hcservices.ecourts.gov.in/hcservices/