Madras High Court
Ganesan vs State Represented By on 8 June, 2022
CRL OP(MD). No.10055 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 08/06/2022
CORAM
The Hon`ble Mr.Justice K.MURALI SHANKAR
CRL OP(MD). No.10055 of 2022
Ganesan : Petitioner/Accused
Vs
State represented by
The Inspector of Police,
Thiruvonam Police Station,
Thanjavur Distirct.
Crime No.179 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 No.1 made in
conditional bail order in Crl.M.P.No.2461 of 2022, dated 18.05.2022 on
the file of the Vacation Sessions Court, Thanjavur, in connection with
the Crime No.179 of 2022 on the file of the respondent Police.
For Petitioner : Mr.A.Kuppusami,
For Respondent : Mr.M.Vaikkam Karunanithi,
Government Advocate (Criminal Side)
ORDER
The Criminal Original Petition has been filed seeking modification
of the condition imposed in Crl.M.P. No.2461 of 2022, dated 18.05.2022
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CRL OP(MD). No.10055 of 2022
on the file of the Vacation Sessions Court, Thanjavur, in connection with
the Crime No.179 of 2022 on the file of the respondent Police, wherein
the petitioner was directed to pay a sum of Rs.1,00,000/- as
non-refundable to the credit of the Education Department by means of
Demand Draft to be drawn in favour of “The Chief Educational Officer,
Thanjavur (Development Fund).
2.The learned counsel for the petitioner would submit that the first
accused has been granted bail with a condition to deposit a sum of
Rs.1,10,000/- as non-refundable to the credit of Education Department
and he has already deposited the said amount. He would further submit
that the total value of the Government liquor seized is only Rs.90,000/-,
that the petitioner is in judicial custody from 01.05.2022 and that since
the learned Sessions Judge has imposed onerous condition, the condition
may be modified.
3.He would further submit that the petitioner is ready and willing
to deposit a sum of Rs.20,000/-.
4.As rightly contended by the learned counsel for the petitioner,
the condition imposed by the learned Sessions Judge, is onerous and
imposing of such condition would only amount to denial of bail.
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CRL OP(MD). No.10055 of 2022
4. It is pertinent to mention 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, Vacation Sessions
Court, Thanjavur, in Cr.M.P.No.2461 of 2022, dated 18.05.2022 and the
petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty
Thousand Only) to the credit of Government of Tamil Nadu, CMPRF in
IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070,
IFSC Code: IOBA0001172) 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)
08.06.2022
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.
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.10055 of 2022
K.MURALI SHANKAR,J
das
To
1.The Judge, Vacation Sessions Court,
Thanjavur.
2.The Inspector of Police,
Thiruvonam Police Station,
Thanjavur Distirct.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
ORDER
IN
CRL OP(MD). No.10055 of 2022
Date : 08/06/2022
https://www.mhc.tn.gov.in/judis
