Kamala Kannan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2020

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.No. 2734 of 2020 Kamala Kannan ... Petitioner/Accused I Vs.

State Rep by, The Inspector of Police, Peerkankaranai Police Station, Chennai.

Crime No.158 of 2019 ... Respondent/Complainant PRAYER: Criminal Original petition has been filed under Section 439(i)(b) of the Code of Criminal Procedure, to modify the conditions imposed in Crl.M.P.No.3775 of 2019 dated 10.07.2019 by the learned Judicial Magistrate, Tambaram, Kanchipuram District in Crime No.158 of 2019 on the file of the respondent. For Petitioner : Mr.D.Gopikrishnan For Respondent : Mrs. S.Thankira Government Advocate (Crl. Side)

O R D E R

This Criminal Original petition has been filed to modify the conditions imposed in Crl.M.P.No.3775 of 2019 dated 10.07.2019 by the learned Judicial Magistrate, Tambaram, Kanchipuram District.

2.The petitioner was granted bail on 10.07.2019 by the learned Judicial Magistrate, Tambaram, Kanchipuram District, in C.M.P.No.3775 of 2019 and one of the bail conditions stipulated was that "the petitioner shall execute a bond Rs.5,000/- and he shall furnish two sureties among them one must be blood relative".

3.The learned counsel for the petitioner submitted that the petitioner suffers from HIV for the last 10 years and produced necessary medical records to substantiate it and because he is a HIV patient, his blood relatives have abandoned him, as a consequence, he is languishing is jail since he could not produce any blood relative as surety.

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4.In view of the submission made by the learned counsel for the petitioner, this Court modifies the condition imposed by the learned Judicial Magistrate, Tambaram, Kanchipuram District in C.M.P.No.3775s of 2019, dated 10.07.2019 to the effect that the petitioner shall execute a bond for a sum of Rs.5,000/- and he shall furnish two local sureties".

5.With the above modification, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar tsg To 1.The Judicial Magistrate, Tambaram, Kanchipuram District.

2.The Inspector of Police, Peerkankaranai Police Station, Chennai.

3.The Public Prosecutor, Madras High Court.

+1cc to Mr.D.Gopikrishnan, Advocate SR.No.13732 Crl.O.P.No. 2734 of 2020 RJI(CO) GMY(24/02/2020) https://hcservices.ecourts.gov.in/hcservices/