Mohammed Liyakath Ali vs The State Represented By
2024 Latest Caselaw 18356 Mad

Madras High Court

Mohammed Liyakath Ali vs The State Represented By on 18 September, 2024

                                                                                 Crl.O.P.No.22764 of
                                                           2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 18.09.2024

                                                          CORAM

                                   THE HONOURABLE MR. JUSTICE P.DHANABAL

                                              Crl.O.P.No.22764 of 2024

                     1. Mohammed Liyakath Ali
                     2. Niyaz Ahmed
                     3. Ambethkar                                                  ... Petitioners

                                                           Vs.
                     The State represented by
                     The Inspector of Police,
                     Omerabad Police Station,
                     Tirupathur District.
                     (Crime No.372 of 2024)                                                        ...
                     Respondent

                     PRAYER: Criminal Original petition has been filed under Sections 482 of
                     Cr.P.C., to modify the condition no.6(b) imposed in the bail order dated
                     06.09.2024 made in Crl.M.P.No.781 of 2024 passed by the learned District
                     and Sessions Judge, Tirupattur.


                                        For Petitioners    : Mr.D.Thirumoorthy
                                        For Respondent     : Mr.S.Santhosh
                                                            Government Advocate (Crl.Side)


                     1/7




https://www.mhc.tn.gov.in/judis
                                                                                      Crl.O.P.No.22764 of
                                                               2024



                                                           ORDER

This Criminal Original petition has been filed seeking to modify the

condition no.6(b) imposed by the learned District and Sessions Judge,

Tirupattur, in Crl.M.P.No.781 of 2024 dated 06.09.2024 that 6(b).The

petitioners shall deposit a sum of Rs.5,00,000/- each (Rupees Five Lakhs

only) total Rs.15,00,000/- (Rupees Fifteen Lakhs only) before the

Additional District Munsif cum Judicial Magistrate, Ambur, after depositing

the amount, the learned Additional District Munsif cum Judicial Magistrate,

Ambur, shall accept the sureties furnished by the petitioner. After that the

deposit amount should be invested any Nationalised Bank and after disposal

of the case that amount would be ordered as per judgment of the Court.

2. The learned Counsel for the petitioners would contend that case

was registered against the accused persons in Crime No.372 of 2024 on the

file of the respondent police for the alleged offences under Sections 408 and

413 of IPC and they were arrested and remanded into judicial custody on

15.06.2024. The petitioners/accused persons has moved an bail application

https://www.mhc.tn.gov.in/judis Crl.O.P.No.22764 of

before the District and Sessions Court, Tirupathur, in Crl.M.P.No.781 of

2024 and the same was ordered on 06.09.2024. The learned trial Court

granted bail to the petitioners with the following condition :

''6(b).The petitioners shall deposit a sum of Rs.5,00,000/- each (Rupees Five Lakhs only) total Rs.15,00,000/- (Rupees Fifteen Lakhs only) before the Additional District Munsif cum Judicial Magistrate, Ambur, after depositing the amount, the learned Additional District Munsif cum Judicial Magistrate, Ambur, shall accept the sureties furnished by the petitioner. After that the deposit amount should be invested any Nationalised Bank and after disposal of the case that amount would be ordered as per judgment of the Court.'

The said condition in respect of deposit of Rs.5,00,000/- each is

onerous conditions and the petitioners are unable to mobilise such huge

amount, therefore, prayed to relax the condition.

3. The learned Government Advocate (Crl.Side) raised objection and

stating that the petitioners were involved for the alleged offences under

https://www.mhc.tn.gov.in/judis Crl.O.P.No.22764 of

Sections 408 and 413 of IPC and they were arrested and remanded into

judicial custody on 15.06.2024. Hence, this modification petition is liable to

be dismissed.

4. Considering the submission made by both the counsel, considering

that the deposit a sum of Rs.5,00,000/- each is onerous condition, this Court

is inclined to relax the condition no.6(b) imposed in the bail order in

Crl.M.P.No.781 of 2024 dated 06.09.2024 passed by the learned District

and Sessions Judge, Tirupattur. Accordingly, condition no.6(b) is relaxed

totally. The other conditions imposed by the learned District and

Sessions Judge, Tirupattur, vide order dated 06.09.2024 in

Crl.M.P.No.781 of 2024 remain intact.

5. Accordingly, this Criminal Original Petition is allowed.

18.09.2024

Index : Yes/No Internet : Yes/No

https://www.mhc.tn.gov.in/judis Crl.O.P.No.22764 of

ssa

https://www.mhc.tn.gov.in/judis Crl.O.P.No.22764 of

To

1. The District and Sessions Judge, Tirupattur.

2. The Inspector of Police, Omerabad Police Station, Tirupathur District.

(Crime No.372 of 2024)

3.The Public Prosecutor, Madras High Court.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.22764 of

P.DHANABAL, J., ssa

18.09.2024

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