1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2011 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU CRL.O.P.(MD).No.14049 of 2011 Muaaz Hussain : Petitioner/Accused Vs. State rep. by The Sub Inspector of Police, Karuppayurani Police Station, Madurai District : Respondent/Complainant PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure to set aside the order dated 11.07.2011 made in Cr.M.P.No.2269 of 2011 passed by the Principal Sessions Judge, Madurai, insofar as the condition that one of the sureties should be a public servant. For Petitioner : Mr.T.Antony Arulraj For Respondent : Mr.P.Kannidevan Government Advocate (Crl.Side) O R D E R The petitioner is an accused in Crime No.525 of 2007 on the file of the respondent police for offences under Sections 336, 452, 341, 427, 324 and 307 IPC. He was granted bail by the learned Principal Sessions Judge, Madurai, in Cr.M.P.No.2269 of 2011, dated 11.07.2011. In the order, the learned Judge has imposed a condition that one of the surety brought by the accused should be a public servant and both sureties should furnish solvency certificates issued by the Tahsildar concerned. Aggrieved over the said condition, the petitioner has preferred this petition. 2. The learned counsel for the petitioner would submit that it is unreasonable on the part of the learned Sessions Judge to impose such a condition. 3. In my considered opinion, as has been repeatedly held by the Hon'ble Supreme Court that the condition imposed by the Court for releasing a person on bail should not be onerous, as it involves right to life guaranteed under Article 21 of the Constitution of India. In such view of the matter, the said condition that the accused should produce a surety, who must be a public servant, deserves to be interfered with. https://hcservices.ecourts.gov.in/hcservices/ 2 In the result, this petition is allowed and the order of the learned Principal Sessions Judge, Madurai, dated 11.07.2011 made in Cr.M.P.No.2269 of 2011 is modified and the condition imposed by the learned Judge that out of the two sureties one surety should be a public servant alone is set aside. It is clarified that it will be enough that if the accused produces two sureties and such sureties shall furnish solvency certificates issued by the Tahsildar concerned. While the other conditions shall remain unaltered. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Principal Sessions Judge, Madurai 2. The Sub Inspector of Police, Karuppayurani Police Station, Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.T.Antony Arul Raj, Advocate, Sr.No.36958 rr ssk/10.11.2011 /5c -2p/- CRL.O.P.(MD).No.14049 of 2011 28.10.2011 https://hcservices.ecourts.gov.in/hcservices/