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Madras High CourtCRL OP(MD)/7530/2015allowed

Kannan v. The Inspector Of Police

2015-04-22Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.7530 of 2015 Kannan ... Petitioner/Sole Accused Vs.

State rep. by The Inspector of Police, Adhirampattinam Police Station, Thanjavur District.

Crime No.49/15 ... Respondent/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to set aside the condition imposed on the petitioner in so far as the deposit of Rs.50,000/- alone in Cr.M.P.No.704 of 2015 dated 03.03.2015 on the file of the Learned Principal District and Sessions Judge, Thanjavur and pass such order. For Petitioner : Mr.R.Shankar Ganesh For Respondents : Mr.K.Anbarasan Government Advocate (Crl.side)

O R D E R

The Criminal Original Petition has been filed to set aside the condition imposed on the petitioner insofar as the deposit of Rs.50,000/- alone in Cr.M.P.No.704 of 2015 dated 03.03.2015 on the file of the Learned Principal District and Sessions Judge, Thanjavur.

2. The learned Counsel for the petitioner submitted that the order passed is onerous. In spite of the fact that the petitioner has been in judicial custody from 23.02.2015 onwards, he is unable to come out as the condition imposed could not be complied.

3. Considering the submission made and taking note of the principles governing granting of bail, this court is of the view that once this court convinced for granting of bail, an onerous condition which would defeat the very said order cannot be sustained. https://hcservices.ecourts.gov.in/hcservices/

4. Accordingly, the condition imposed on the petitioner insofar as the deposit Rs.50,000/- (Rupees fifty thousand only) in Crl.M.P.No.704 of 2015 dated 03.03.2015 on the file of the Learned Principal District and Sessions Judge, Thanjavur, is set aside and this Criminal Original Petition is allowed.

Sd/- Assistant Registrar(Per.Admn.) /TRUE COPY/ Sub Assistant Registrar To

1. The Principal District and Sessions Judge, Thanjavur.

2.The Inspector of Police, Adhirampattinam Police Station, Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.R.Shankar Ganesh,Advocate, SR.No.20835 Crl.O.P.(MD)No.7530 of 2015 22.04.2015 pjl/akv PA/23.04.2015/2P/5C(IT) https://hcservices.ecourts.gov.in/hcservices/