‘Onerous condition shouldn’t be imposed for bail’

The Madras High Court has held that courts while granting bail should not impose onerous conditions that would result in preventing those detained from availing the bail granted.

By :  migrator
Update: 2019-10-08 20:44 GMT

Chennai

Justice MS Ramesh modified the bail condition of an accused N Satish, imposed by the Principal Sessions Court, Chennai, which directed him to deposit Rs 5 lakh, and said “It is now a settled law that when a Court considers a statutory bail, onerous condition cannot be imposed, and that the court has to satisfy itself with the only requirement as to whether the accused persons are prepared to furnish bail.”


Accordingly, Justice Ramesh on observing that since the petitioner is not in a position to comply with the said condition, he is unable to come out on bail, modified the condition to the effect that the petitioner Satish instead of depositing Rs 5 lakh shall execute a bond for Rs 5 lakh with two sureties for a like sum, before the Metropolitan Magistrate, Chennai. But, all other observations made in the earlier order granting bail shall remain intact, the judge held.

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