A. JAYAPRAKASH Vs. STATE

JUDGEMENT

(1.) This petition is filed to modify the condition No.1, imposed by the learned Judicial Magistrate, Cheyyar, in CMP.No.5275/2019.

(2.) The learned counsel for the petitioner submitted that the petitioner is an accused of an offence under Section 399 IPC., in Crime No.600/2019, on the file of the respondent police, and there are no previous cases pending against him, and he added that the petitioner is in judicial custody from 23.08.2019, and that he has been granted bail by the learned Judicial Magistrate, Cheyyar on 31.12.2019, and one of the condition imposed by the learned Magistrate is that the petitioner shall execute a bond for a sum of Rs.5,00,000/- with two sureties, and one of the them, must be a Government surety. The learned counsel also added that the petitioner is a poor and at any rate, he is the first time offender and the only allegation is that he is preparing for committing dacoity, and there is no case of actual dacoit.

(3.) Given the nature of the accusation made, the condition imposed is disproportionately onerous and it may be modified.