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2026 Supreme(Online)(Mad) 20131
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
Aravindhan S/o, Ravinchandiran – Appellant
Versus
The State rep by The Sub Inspector of Police Bagayam Police Station, Vellore District – Respondent
Criminal Original Petition | Cr.No.197 of 2025
For the Appellants/Petitioners: Mr. C.Deepakkumar
For the Respondents: Mr. Leonard Arul Joseph Selvam Additional Public Prosecutor
The court has the authority to modify onerous bond conditions based on the circumstances surrounding the case.
Headnote:The petitioner sought to modify conditions imposed by the Judicial Magistrate concerning the deposit and personal bond related to vehicle custody. The court declined to change the first condition related to deposit but modified the second condition, lowering the personal bond amount from Rs.15,00,000 to Rs.50,000, recognizing the old condition as onerous. Ultimately, the petition was disposed of with adjustments to the bond requirement.
| Table of Content |
|---|
| 1. modification of bond conditions (Para 1) |
| 2. discussion on petitioner’s counsel arguments (Para 2) |
| 3. court's reasoning for bond modification (Para 3) |
ORDER
The above criminal original petition is filed to modify conditions (i) &
(ii) of paragraph No.10 of the order dated 03.01.2026 passed in C.M.P. No. 15117 of 2025 by the learned Judicial Magistrate No.I, Vellore, Vellore District, while granting interim custody of the petitioner’s vehicle.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the materials on record.
3. As regards condition No.10(i), this Court is not inclined to interfere. As regards condition No. 10(ii) is concerned, it is seen that the lorry purchased was an old one and not a new one. In view of the same, the condition to execute a personal bond for Rs.15,00,000/- with two sureties for a likesum with solvency certificate obtained from the Thasildhar to the satisfaction of the Trial Court would be an onerous one. Hence, the said condition No.10(ii) is modified to the effect that ,’ the petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties each for a likesum with solvency certificate obtained from the Thasildhar to the satisfaction of the learned Judicial Magistrate No.1, Vellore, Vellore District.’
4. The criminal original petition is disposed of accordingly.
