AMALDOSS AND ORS. Vs. STATE

JUDGEMENT

(1.) By order, dated 14.10.2014 in Crl.M.P.Nos.3779 and 3827 of 2014, while granting anticipatory bail to the petitioners herein, the learned Principal District and Sessions Judge, Thanjavur, apart from other conditions, imposed a condition, directing the petitioners to deposit a sum of Rs.15,000/- each before the learned Judicial Magistrate, Kumbakonam.

(2.) Aggrieved by the said condition, the petitioners have come forward with the present petitions, seeking to set aside the same.

(3.) The learned counsel for the appearing for petitioner would submit that the petitioners are agricultural coolies and they find difficulty even to eke out their day-to-day livelihood and hence, they are unable to comply with the condition imposed by the Court below in respect of making deposit of Rs.15,000/- before the learned Magistrate. He would contend that the learned Judge is not having jurisdiction to impose such condition and in fact there is no statutory provision nor any judicial pronouncement empowering the learned Judge to impose condition for depositing of money upon a person at the time of granting bail to him. Therefore, he contended that condition imposed by the Court below is onerous and it tantamounts to abuse of the process of the Court. In support of his contention, the learned counsel relied upon decisions of this Court, in Alluvdin versus Inspector of Police, Vandhavasi Police Station, 2001 CrLJ 2672; N.Sasikala versus Enforcement Officer, Enforcement Directorate, Madras, 1997 CrLJ 2120 and also of the Hon'ble Supreme Court Ramathal & others versus Inspector of Police and another, 2009 CrLJ 2271 .