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2026 DAILYLAW 50348 (MAD)

Karthi v. The State of Tamil Nadu Rep by

CRL OP(MD)/14056/2026 · 2026-07-13

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD) NO. 14056 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13-07-2026 CORAM THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP(MD) NO. 14056 of 2026 Karthi Petitioner(s) Vs The State of Tamil Nadu Rep. by, The Inspector of Police, Kumbakonam East Police Station, Thanjavur District. (Crime No.326 of 2022) Respondent(s) For Petitioner(s): Mr.K.M.Karunakaran For Respondent(s): Mr.J.Vishnu Government Advocate (Crl. Side) Prayer: To call for the records pertaining to the order passed by the learned Additional District and Sessions Judge (Fast Track Court), Kumbakonam in Crl.MP.No.19 of 2025, dated 19.02.2025 and set aside the same by modifying the condition and allow the above criminal original petition. ORDER This Criminal Original Petition has been filed seeking to modify the condition imposed by the learned Additional District and Sessions Judge (Fast Track Court), Kumbakonam in Crl.M.P.No.19 of 2025, dated 19.02.2025, that “to https://www.mhc.tn.gov.in/judis be enlarged on bail on executing a bond of Rs.10,000/- each on producing his permanent address proof along with two near blood sureties each for a like sum each to the satisfaction of this court subject to condition and the surety certificates should be attested by Village Administrative Officer and Revenue Inspector of the concerned place mentioned in the proof”. 2. The learned counsel for the petitioner would submit that originally, the petitioner was granted bail by the learned Additional District and Sessions Judge (Fast Track Court), Kumbakonam, vide order dated 22.01.2025 in Crl.M.P.No.05 of 2025 subject to the following condition: “this petitioner is ordered to be enlarged on bail on executing a bond for Rs.10,000/- each on producing his address proof along with two related sureties each for a like sum each to the satisfaction of this court subject to condition and the surety certificates should be attested by Thashildhar.” 3. The petitioner was unable to comply with the same and he filed a modification petition in Crl.M.P.No.19 of 2025 and by order dated 19.02.2025, the said condition was modified by the learned Additional District and Sessions Judge (Fast Track Court), Kumbakonam, as follows: “to be enlarged on bail on executing a bond of Rs.10,000/- each on producing his permanent address proof along with two near blood sureties each for a like sum each to the satisfaction of this court subject to condition and the surety certificates should be https://www.mhc.tn.gov.in/judis attested by Village Administrative Officer and Revenue Inspector of the concerned place mentioned in the proof”. 4. 4. The learned counsel for the petitioner submitted that the petitioner was unable to produce two near blood related sureties and continues to remain confined due to his inability to produce blood related sureties and hence, prays to modify the said condition. 5. Seeking the person, who is in custody, to produce the surety certificates attested by the Village Administrative Officer and Revenue Inspector is unwarranted and it is settled law that once bail is granted, the conditions shall not be onerous and it shall be in a nature that it could be complied with and further, the purpose of imposing these conditions is to ensure the appearance of the accused before the Trial Court. In this case, production of two sureties is sufficient and if the sureties are having proper address proof and if they are capable and competent to produce the accused in case of the non-appearance of the accused before the Trial Court. In such view of the matter, the condition imposed by the learned Additional District and Sessions Judge (Fast Track Court), Kumbakonam in Crl.M.P.No.19 of 2025 dated 19.02.2025 is modified as follows: “this petitioner is ordered to be enlarged on bail on executing a bond for Rs.15,000/- each on producing his address proof along with two sureties each for a like sum each to the satisfaction of the learned Additional District and Sessions Judge, (Fast Track Court), Kumbakonam.” https://www.mhc.tn.gov.in/judis The other conditions imposed by the Sessions Court in the order dated 22.01.2025 shall remain unaltered. 6. Accordingly, this Criminal Original Petition is ordered. 13-07-2026 Lm Note: Issue order copy by 15.07.2026 To 1.The Additional District and Sessions Judge (Fast Track Court), Kumbakonam. 2.The Inspector of Police, Kumbakonam East Police Station, Thanjavur District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court. https://www.mhc.tn.gov.in/judis K.RAJASEKAR, J. Lm Crl.O.P.(MD).No.14056 of 2026 13.07.2026 https://www.mhc.tn.gov.in/judis