HC scoffs at lower courts granting bail on queer terms

Scoffing at the lower courts giving bail to accused on "obnoxious" terms like felling trees, the Madras High Court today said courts are not above the law as such orders are akin to punishing accused before trial.
Pointing out that the courts are not extra-Constitutional authorities and not above law, Justice P Devadass said in a democratic country based on a written Constitution, the courts exercise sovereign powers of the state and, so, must pass orders only in accordance with the law.
"The present spree or competition among judges in our state to impose such bail conditions, signals not the march of law but an onslaught on human rights and human sentiments," he said.

"These odd conditions would be counter-productive. The would-be criminals will be emboldened to commit crimes, cut 'karuvelam' trees, come out on bail from jail and go scot-free," the judge said.
The judge made the observations after he was apprised of the queer bail condition imposed by a lower court in Ariyalur on an accused to cut 'seema karuvelam' (prosposis juliflora) trees.
When the bail application of a murder accused came up for hearing before the judge, the counsel for the accused mentioned about the Ariyalur court order and requested him not to impose such conditions on his client.

Ariyalur Principal District and Sessions Judge AKA Rahman had on March 15 directed a man, arrested for allegedly beating up a woman for quarrelling with his wife, to fell 100 'karuvelam' trees within 20 days for his release on bail.

Justice Devadass said, "If the court imposes odd conditions such as to cut karuvelam trees, pour water, do parikrama in schools and hospitals (for bail), it will not be to the liking of the accused."
Asking a man to cut trees in the presence of others will leave an impression in the minds of others that he might be guilty, the judge said, adding, "He is almost punished even before trial."
"Those who are in charge of delivering justice should be cautious as well as conscious while delivering justice," the judge said.