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Judgment
18 paragraphs · 325 wordsThe petitioners, who have been arrayed as an accused in R.R.No.16 of 2017 was granted bail on pre-condition to produce two sureties each to
the value of Rs.50,000/- showing property in their name to the satisfaction of the court and to deposit her passport before the court by the learned
Additional Chief Metropolitan Magistrate, (E.O.II) Egmore at Allikulam, Chennai on 06.01.2018. Seeking to modify the same, the present petition
had been filed.
Heard Mr.D.Gopikrishnan, learned counsel appearing for the petitioners and Mr.N.P.Kumar, learned Special Public Prosecutor appearing for
the respondent.
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.
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.
In the result, the Criminal Original Petition stands allowed. Consequently, the condition no.7 (ii) and (iii) imposed on the petitioners in
Crl.M.P.No.74 of 2018 by its order dated 06.01.2018 shall stand deleted and modified to the effect that :
The petitioners/accused shall execute a bond for Rs.50,000/- along with two sureties each for the likesum to the satisfaction of the learned
Additional Chief Metropolitan Magistrate, (E.O.II) Egmore at Allikulam, Chennai.
All other conditions imposed in the order dated 06.01.2018 in Crl.M.P.No.74 of 2018 shall remain intact.