Parthiban @ Arjunan vs State by Sub Inspector of Police, Mangadu Police Station, Mangadu

P. Devadass, J.—In this petition, the petitioner challenges certain portions or the bail condition imposed by the learned Sessions Judge,

Court II, Kancheepuram in C.M.P. 536 of 2012 passed on 23.4.2012. The petitioner was very happy because he was granted bail. But at the

same time, he was very unhappy because onerous condition has been imposed.

According to the learned counsel for the petitioner'', the Sessions Court, Kancheepuram has granted bail by one hand and taken it away on the

other hand by imposing onerous condition.

Heard the learned Additional Public Prosecutor.

The amount alleged to have been robbed is Rs. 500/-. The petitioner has been in jail for a considerable period. Ultimately, on 23.4.2012, by the

impugned order, he was granted bail with a condition to execute two sureties, who shall execute a bond for Rs. 10,000/- each, report before the

concerned Magistrate for 30 days. Further, the petitioner has been directed to deposit Rs. 50,000/- that too in a Nationalised Bank, for 5 years.

It is not that criminal Courts have no power to impose bail conditions. Conditions can be imposed. While imposing conditions, the Court has to

take into account, the ability of the petitioner to pay the amount and the imposition of condition must have some avowed objective with an intention

to ensure the availability of the accused. Rs. 500/- has been robbed. But the Court while granting bail had added two zeros and that condition is

onerous in nature. In the result,

(i) this Criminal Original Petition is allowed.

(ii) The order of the learned Sessions Judge, Court II, Kancheepuram passed in C.M.P.536 of 3012 on 23.4.2012 is modified.

(iii) The direction to deposit Rs. 50,000/- is deleted.

(iv) Other conditions remain unchanged.