The High Court allowed a petition seeking to modify an anticipatory bail condition. The court set aside the requirement to deposit title deeds of immovable property, ruling it onerous and contrary to precedent.
The condition imposed by the Court below directing the petitioner to deposit the title deeds is hereby set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2018
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
CRL.O.P.No.26519 of 2018
Mrs.Radhika, ...Petitioner
Vs.
State of Tamilnadu,
Rep by Inspector of Police,
Central Crime Branch,
Egmore,Chennai. ...Respondent
PRAYER: Criminal Original petition is filed under Section 482 of
Criminal Procedure Code, to modify the condition of Bail,
cancelling the deposit of title deed of immovable property worth
Rs.5 Lakhs mentioned in the Anticipatory Bail.
For Petitioners : M/s.Chennai Law Firm
For Respondent : Mr.M.Mohamed Riyaz
: Addl. Public Prosecutor
ORDER
This Criminal original petition has been filed seeking
to modify the condition imposed by the Court below by granting
the Bail to the petitioner.
notice of this Court, the judgment of this Court in the case of SAGAYAM @ DEVASAGAYAM V. STATE REP. BY THE INSPECTOR OF POLICE, G-7, CHETPET POLICE STATION, CHENNAI, reported in 2017 (3) CTC 291 and submitted that the condition runs contrary to the judgment of this Court.
4.This Court is of the considered view that the Court below ought not have imposed a condition to this petitioner, to deposit title deeds of immovable property. Such condition is onerous and the petitioner is not in a position to comply with the same. As a result of which, the petitioner is not able to get the fruits of the order wherein he has been granted anticipatory bail. Therefore, the said condition requires interference by this Court.
5.In the result, this Criminal Original Petition is allowed and the condition imposed by the Court below directing the petitioner to deposit the title deeds is hereby set aside. The other conditions imposed by the Court below shall stand as it is.
Sd/Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kal/sbn To 1. The Inspector of Police, Central Crime Branch, Egmore, Chennai.
+2cc to M/s.Chennai Law Firm, Advocate, S.R.No.77778
CRL.O.P.No.26519 of 2018 CS/29/11/2018
1 issue framed by the court
Whether the condition to deposit title deeds of immovable property as a condition of anticipatory bail is justified and reasonable against the petitioner.
Colour shows how this judgement treated each authority
SAGAYAM @ DEVASAGAYAM V. STATE REP. BY THE INSPECTOR OF POLICE, G-7, CHETPET POLICE STATION, CHENNAIRelied on¶8
SAGAYAM @ DEVASAGAYAM V. STATE REP. BY THE INSPECTOR OF POLICE, G-7, CHETPET POLICE STATION, CHENNAI, reported in 2017 (3) CTC 291
1 provisions across 1 enactments
Mrs. Radhika
State of Tamilnadu
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
