Vadivel vs State Represented By
2022 Latest Caselaw 7625 Mad

                                                                               CRL OP(MD). No.6699 of 2022


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   ( Criminal Jurisdiction )

                                                     Date : 11/04/2022

                                                          CORAM

                                     The Hon`ble Mr.Justice K.MURALI SHANKAR

                                               CRL OP(MD). No.6699 of 2022

                     Vadivel                                                            : Petitioner

                                                                Vs
                     State represented by
                     The Sub-Inspector of Police,
                     Economic Offences Wing - II Police Station,
                     Dindigul Distirct.
                     Crime No.1 of 2020                                          : Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 r/w.
                     Section 439(1)(b) of Cr.P.C., to modify the condition imposed by the
                     learned Special Judge, Special Court under TNPID Act Cases, Madurai,
                     in Cr.M.P.No.5 of 2022, dated 27.01.2022.
                                        For Petitioner : Mr.S.Balaji

                                        For Respondent : Mr.M.Muthu Manikkam,
                                                         Government Advocate (Criminal Side)


                                                         ORDER

The Criminal Original Petition has been filed seeking orders to

modify the condition imposed by the learned Special Judge, Special

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CRL OP(MD). No.6699 of 2022

Court under TNPID Act Cases, Madurai, in Cr.M.P.No.5 of 2022, dated

27.01.2022.

2.It is seen from the records that the learned Special Judge, Special

Court under TNPID Act Cases, Madurai, while granting bail, has

directed the petitioner to produce two sureties, in which, one surety must

be respectable person of the locality like local body members and

another surety must be a blood relative of the petitioner.

3.As rightly contended by the learned counsel for the petitioner,

imposing condition directing for production of blood relative and local

body member sureties is onerous and imposing of such condition

amounts to denial of bail.

4. It is settled law, that the Hon'ble Supreme Court as well as this

Court, in number of judgments, have specifically held that while

enlarging the accused on bail, onerous conditions should not be imposed.

5.Considering the above, this Court is inclined to modify the

condition imposed by the learned Special Judge, Special Court under

TNPID Act Cases, Madurai, in Cr.M.P.No.5 of 2022, dated 27.01.2022. https://www.mhc.tn.gov.in/judis

CRL OP(MD). No.6699 of 2022

and the petitioner is directed to execute a bond for a sum of

Rs.1,00,000/- along with two sureties for like sum to the satisfaction of

the learned Special Judge, Special Court under TNPID Act Cases,

Madurai and the other conditions imposed by the learned Judge shall

remain unaltered.

6.With the above direction, the Criminal Original Petition is

disposed of.

(K M S J) 11.04.2022

das

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Special Judge, Special Court under TNPID Act Cases, Madurai

2.The Sub-Inspector of Police, Economic Offences Wing - II Police Station, Dindigul Distirct.

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

https://www.mhc.tn.gov.in/judis

CRL OP(MD). No.6699 of 2022

K.MURALI SHANKAR,J

das

ORDER IN CRL OP(MD). No.6699 of 2022

Date : 11/04/2022

https://www.mhc.tn.gov.in/judis