Madras High CourtCRL OP(MD)/19113/2021partly allowed

Shanmuganathan v. The Inspector Of Police

2021-12-06Honourable Mr Justice G.Ilangovan2 pages

Crl.OP(MD)No.19113 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.19113 of 2021 Shanmuganathan ... Petitioner/Petitioner vs.

The State, Rep by the Inspector of Police, All Women Police Station, Pudukottai.

(Cr.No.16 of 2021) ... Respondent/Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the conditions 1 & 2 imposed by the learned Sessions Judge (FAC) Mahila Court, Pudukkottai in Cr.M.P.No.1111 of 2021, dated 29.11.2021. For Petitioner : Mr.D.Rameshkumar For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side)

O R D E R

This petition is filed seeking set aside the conditions 1 & 2, imposed by the learned Sessions Judge (FAC) Mahila Court, Pudukkottai, in Cr.M.P.No.1111 of 2021, dated 29.11.2021. 2.The first condition that has been imposed by the Trial Court is that he must produce two blood relative sureties for executing a bond for Rs.10,000/- . Second condition is that he must deposit title deed to the value of Rs.25 lakhs.

3.Insofar as the first condition is concerned, the grievance that has been explained by the petitioner is that his father is no more and no blood sureties is available to him. I am not inclined to modify the above said condition. The petitioner must approach the concerned Trial Court in this regard.

4.Insofar as the second condition is concerned, the petitioner would rely upon the order, passed by this Court, in Crl.OP.No.19821 of 2019, dated 26.07.2019, which is filed to set aside such a condition. No doubt that the Trial Court is well within its power to enlarge the petitioner on bail, during the trial proceedings, conditions can be imposed. But, directing the petitioner to deposit title deed worth about Rs.25 lakhs, may not be proper. For the purpose of investigation, the Trial Court has https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD)No.19113 of 2021 imposed a condition to appear before that Court twice a day. This Court is of the opinion that will be sufficient. 5.In the result, the second condition imposed by the court below is set aside. The other conditions shall stand sustained. Accordingly, this Criminal Original Petition is partly allowed. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) dss To 1.The Sessions Judge (FAC) Mahila Court, Pudukkottai.

2.The Inspector of Police, All Women Police Station, Pudukottai.

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

Crl.OP(MD)No.19113 of 2021 06.12.2021 SK(CO) SB(13.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2