Madras High Court
Ukirapandi vs State Represented By on 29 April, 2022
CRL OP(MD). No.8406 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 29/04/2022
CORAM
The Hon`ble Mr.Justice K.MURALI SHANKAR
CRL OP(MD). No.8406 of 2022
Ukirapandi : Petitioner
Vs
State represented by
The Inspector of Police,
All Women Police Station,
Thirupparankundram,
Madurai District.
Crime No.22 of 2021. : Respondent
PRAYER: Criminal Original Petition filed under Section 482 r/w.
Section 439(1)(b) of Cr.P.C., to modify the condition No.1 in
Crl.M.P.No.1273 of 2021 passed by the Court of Sessions Judge, Prl.
Special Court for Trial of Case under POCSO Act, Madurai, dated
18.11.2021 in connection with Crime No.22 of 2021 on the file of the
respondent Police.
For Petitioner : Mr.B.Mahendrarajan, B.
For Respondent : Mr.M.Muthu Manikkam,
Government Advocate (Criminal Side)
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CRL OP(MD). No.8406 of 2022
ORDER
The Criminal Original Petition has been filed seeking orders to
modify the condition imposed by the learned Sessions Judge, Special
Court for Trial of Case under POCSO Act, Madurai, in Cr.M.P.No.1273
of 2021, dated 18.11.2021.
2.It is seen from the records that the learned Sessions Judge,
Special Court for Trial of Case under POCSO Act, Madurai, while
granting bail, has directed the petitioner to produce the nativity
certificate and permanent residential proof along with two sureties for a
sum of Rs.10,000/- (Rupees Ten Thousand only) each, and one of them
should be a blood relative and the solvency certificate shall be dully
attested by concerned Tahsildar.
3.As rightly contended by the learned counsel for the petitioner,
imposing conditions directing for production of blood relative surety and
the solvency certificate duly attested by concerned Tahsildar are onerous
and imposing of such condition would only amount to denial of bail.
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CRL OP(MD). No.8406 of 2022
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 Sessions Judge, Special Court for Trial
of Case under POCSO Act, Madurai, in Cr.M.P.No.1273 of 2021, dated
18.11.2021 and the petitioner is directed to execute a bond for a sum of
Rs.25,000/- along with two sureties for like sum to the satisfaction of the
learned Sessions Judge, Special Court for Trial of Case under POCSO
Act, Madurai and the other conditions imposed by the learned Sessions
Judge shall remain unaltered.
6.With the above direction, the Criminal Original Petition is
disposed of.
(K M S J)
29.04.2022
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.
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CRL OP(MD). No.8406 of 2022
K.MURALI SHANKAR,J
das
To
1.The Sessions Judge, Prl. Special Court for
Trial of Case under POCSO Act, Madurai
2.The Inspector of Police,
All Women Police Station,
Thirupparankundram, Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
ORDER
IN
CRL OP(MD). No.8406 of 2022
Date : 29/04/2022
https://www.mhc.tn.gov.in/judis
