1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 20.09.2011 Coram: The Honourable Mr. Justice S.PALANIVELU Crl.RC.(MD).No.788 of 2011 Swamynathan .. Petitioner/A-1 vs. State rep. by The Sub Inspector of Police, C.C.B. Police Station, Madurai. (In Crime No.69/2011) Madurai District. .. Respondent Criminal Revision Petition filed under Section 397 and 401 of Criminal Procedure Code to call for the records from the lower Court and to set aside the order passed in Cr.M.P.No.7108 of 2011, dated 08.09.2011 on the file of the learned Judicial Magistrate No.I, Madurai by allowing this revision. For Petitioner : M/s.T.K.Gopalan For Respondent : Mr.P.Kandasamy Government Advocate (Crl. side) ORDER This Criminal Revision is preferred to call for the records from the lower Court and to set aside the order passed in Cr.M.P.No.7108 of 2011, dated 08.09.2011 on the file of the learned Judicial Magistrate No.I, Madurai. 2. The petitioner is the accused in Crime No.69 of 2011, on the file of the respondent police and a case has been registered against him under Sections 294(b), 420, 427, 447, 468, 471, 506(ii) r/w. 120 (b) IPC. The petitioner moved a bail application before the learned Judicial Magistrate No.I, Madurai, in Cr.M.P.No.7108 of 2011 in which an order has been passed on 08.09.2011 which reads as follows: "On considering the above facts and circumstances and upon hearing both sides, this Court is inclined to grant bail on his to produce any deed value for Rs.10,00,000/- with executing a bond for sum of Rs.25,000/- and two sureties for the like sum and to appear before respondent police station and sign daily at 10.00 a.m. and 5.00 p.m. until further orders." 3. Mr.T.K.Gopalan, the learned counsel appearing for the petitioner would submit that the condition imposed directing the petitioner to produce any deed for a value of Rs.10,00,000/- is a onerous condition which is not at all warranted in the circumstance of this case, that the other accused, namely, Accused 2 to 10 placed in the similar footing obtained anticipatory bail before this Court in Crl.O.P. (MD)No.11148 of 2011 on 29.08.2011 and that this Court has observed that https://hcservices.ecourts.gov.in/hcservices/ 2 it is purely a civil dispute and while imposing the condition this Court did not insist for production of any deed as the Court below has directed. 4. Heard the learned Government Advocate (Criminal Side) who opposes the application by stating that there is nothing wrong on the part of the Court below for having imposed this condition. 5. In the considered view of this Court, there need not be a condition for production of any deed for the value of Rs.10,00,000/-, in view of the condition imposed on the other accused by this Court in the above Crl.O.P.(MD)No.11148 of 2011. Hence, the said condition is hereby deleted and the other condition, viz., direction to execute bond for Rs.25,000/- with two sureties for the like sum stands as such. With the above said observations, this Criminal Revision case is allowed. Sd/- Assistant Registrar(RTI Act) /TRUE COPY/ Sub Assistant Registrar To 1. The Judicial Magistrate No.I,Madurai. 2. The Sub Inspector of Police, C.C.B. Police Station,Madurai. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai. +1cc to Mr.T.K.Gopalan, Advocate SR.No.32276 Crl.RC.(MD).No.788 of 2011 20.09.2011 srm PA/21.09.2011/2P/5C https://hcservices.ecourts.gov.in/hcservices/