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HC strikes down 'onerous bail conditions'

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Press Trust of India Madurai

The magistrate at Tirumangalam had said that the man, Karuvai Hakeem, should execute a bond with two sureties by his blood relations.

Justice A Selvam of the High Court bench here in his recent order allowing Hakeeem's petition, deleted the portion relating to sureties and said it was sufficient if he executed a Rs 10,000 bond along with two sureties each for a like sum to the satisfaction of the Magistrate concerned.

The petitioner's counsel said his client was in prison for more than 140 days though he was entitled to statutory bail within 90 days of his arrest as police had failed to file a chargesheet. The delay in obtaining bail was due to several impediments like inability of blood relatives to give sureties as they were bereft of property.

 

He referred to the 1978 judgement of Supreme Court in the Moti Ram vs State of Madhya Pradesh case, where it disapproved the practice of imposing onerous conditions while granting bail.

Hakeem, arrested here on Nov 27 2011 by the Special Investigation Team, is a close associate of Fakruddin and Bilal Mallick, suspected to be the main accused and absconding since the incident was reported.

  

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First Published: Apr 29 2012 | 3:15 PM IST

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