The petitioner, who had been arrayed as fourth accused in Crime No.964 of 2017 was granted bail on pre-condition to deposit a sum of Rs.1,00,000/- by the learned Principal Sessions Judge, Chennai on 14.11.2017. Seeking to modify the same, the present petition had been filed.
2.Heard Mr.I.Abdul Basith, learned counsel appearing 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 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 condition came to be modified in the said order.
4.I am of the view that the present 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 on the petitioner in Crl.M.P.No.17602 of 2017 by its order dated 14.11.2017 directing the petitioner to deposit a sum of Rs.1,00,000/- to the credit of Crime No.964 of 2017 shall stand modified as follows: the petitioner shall execute a bond of undertaking to the tune of Rs.1,00,000/- instead of depositing a sum of Rs.1,00,000/-. All other conditions imposed in the order dated 14.11.2017 in Crl.M.P.No.17602 of 2017 shall remain intact.
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1.The Principal Sessions Judge, Chennai.
2.The Inspector of Police, E-4, Abiramapuram Police Station, Chennai.
3.The Public Prosecutor, High Court, Madras.
M.S.RAMESH.J, aav Crl.O.P.No.25058 of 2017 20.11.2017