Back
High Court of Judicature at Madras
P. DEVADASS, J.
Thirunavukarasu
Versus
State rep. By Inspector of Police
Crl. O.P. No. 22860 of 2014
Decided on: 22-08-2014
Bail Conditions - Mischief by Fire - The court modified the bail conditions imposed on the petitioner in a case of mischief by fire (Section 436 IPC) due to the inflated version of alleged damage in the FIR and the petitioner's inability to satisfy the original conditions.
Fact of the Case:
The petitioner sought modification of bail conditions imposed for a case of mischief by fire (Section 436 IPC). The original conditions were deemed onerous as the petitioner was unable to satisfy them, despite bail being granted earlier.
Finding of the Court:
The court found the original bail conditions to be onerous and modified them to reduce the financial burden on the petitioner and lessen the frequency of appearance before the court.
Issues: The issues revolved around the onerousness of the original bail conditions and the petitioner's inability to satisfy them, despite bail being granted earlier.
Ratio Decidendi: The court's decision to modify the bail conditions was influenced by the inflated version of alleged damage in the FIR and the petitioner's inability to satisfy the original conditions, indicating their onerous nature.
Final Decision: The court modified the bail conditions, requiring two sureties to execute a bond for Rs.10,000/- each, a reduced deposit amount, and a less frequent appearance before the court.
1. Petition for modification of certain bail conditions imposed by the learned Additional Sessions Judge, Mahalir Neethi Mandram (Fast Track Mahila Court), Nagapattinam on 8.8.2014 in Crl.M.P.No.2567 of 2014.
2. It is a case of mischief by fire (Section 436 IPC). Petitioner has been directed to deposit Rs.25,000/- before the learned Judicial Magistrate, Sirkali besides directing him to produce two sureties, who shall execute a bond for Rs.10,000/-each and he should also appear before the said Magistrate at about 6.30 pm for 20 days.
3. Even in the FIR, the damage has been valued at Rs.10,000/-. Other extra allegations are also there. I am satisfied that the FIR contains inflated version of the alleged damage to property. Bail was granted as early as on 08.08.2014. But, still the petitioner is languishing in jail. It indicates that he is not able to satisfy the said condition. Thus, so far as the petitioner is concerned, the conditions appear to be onerous.
4. In the circumstances, the bail conditions are modified as under:
(i) There shall be two sureties, who shall execute a bond for Rs.10,000/-each to the satisfaction of the learned Judicial Magistrate, Sirkali.
(ii) Petitioner shall deposit Rs. 3000/- to the credit of Cr.No.263 of 2014 in the said Court at the time of executing the bail bond.
(iii) He shall appear before the respondent on every Monday and Friday at 6 pm for two weeks.
5. With this direction, the Criminal Original Petition is disposed of.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
