Sathish@Soorya@Baba v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Sathish @ Soorya @ Baba ... Petitioner Vs.

The State Rep by, The Inspector of Police, Mennambakkam Police Station, Kanchipuram District.

Crime No.153 of 2008 ... Respondent Prayer :- Criminal Original Petition filed under Section 439(1)(b) Cr.P.C. praying to modify the condition in two blood surety imposed in order dated 09.01.2023 in Crl.M.P.No.6247 of 2022 on the file of the Additional District and Sessions Judge at Chengalpattu.

For Petitioner :

Mr.D.Padmanabhan For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) *****

O R D E R

This petition has been filed to modify the condition imposed on the petitioner in Crl.M.P.No.6247 of 2022 dated 09.01.2023 on the file of the learned Additional District and Sessions Judge at Chengalpattu.

2. The learned counsel for the petitioner submitted that, petitioner was granted bail by the learned Additional District and Sessions Judge at Chengalpattu in Crl.M.P.No.6247 of 2022 dated 09.01.2023 with certain conditions. One of the condition imposed was as follows, " the petitioner/accused shall execute a bond for Rs.10,000/- along with two sureties each for a like sum before the learned Judicial Magistrate No.I, Alandur and further the two sureties should be of the blood relatives ie,, Mother, Father, Brothers of Sisters of the petitioner that too the sureties should be the native of Veloor Post, Tuticorin District.

3. The learned counsel for the petitioner submitted that, petitioner is a transgender and therefore, her blood relatives are not coming forward to stand as surety for the petitioner and hence seeks for modification of the condition.

4. In the light of the submission of the learned counsel for the petitioner, the condition imposed by the trial Court learned Additional District and Sessions Judge at Chengalpattu in Crl.M.P.No.6247 of 2022 dated 09.01.2023 is modified as follows:

" the petitioner/accused shall execute a bond for Rs.10,000/- along with two acceptable and respectable sureties each for the like sum before the learned Judicial Magistrate No.I, Alandur with approved identity card like voter-id, adhar card or ration card"

5. With the above modification, this Criminal Original Petition is ordered and the other conditions imposed shall remain unaltered. 27.07.2023 Sma Internet : Yes/No Index : Yes/No Speaking/Non speaking order To

1. Additional District and Sessions Judge at Chengalpattu.

2. The Inspector of Police, Mennambakkam Police Station, Kanchipuram District.

3.The Public Prosecutor, High Court of Madras, Chennai.

G.CHANDRASEKHARAN,J.

Sma Crl.O.P.No.12345 of 2023 27.07.2023