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2026 Supreme(Online)(Mad) 23736

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Sahibul Buhari Harish – Appellant
Versus
State of Tamilnadu – Respondent
Crl.OP.(MD)No.5562 of 2026



Advocates:
For the Appellants/Petitioners: M/s.A.Naresh Prabu
For the Respondents: Mr.R.Meenakshi Sundaram Additional Public Prosecutor

Court allows acceptance of sureties without property documents in a POCSO Act case bail matter.

Headnote:This judgment addresses a criminal original petition filed under Section 528 of the BNSS Act to set aside a docket order related to bail conditions in a POCSO Act case. The petitioner, arrested on January 7, 2026, was granted bail under specific conditions including sureties. The trial court rejected the sureties due to missing property documents. The court found sufficient grounds to allow the petition and directed acceptance of the sureties without property documentation. Consequently, the criminal original petition is allowed.

Table of Content
1. overview of the petition seeking bail condition modifications. (Para 1 , 2 , 3)
2. court’s directive on the acceptance of sureties. (Para 5)
3. outcome of the petition. (Para 6)

ORDER

The present petition has been filed seeking to set aside the docket order dated 25.02.2026 in Crl.M.P.No.68 of 2026 in crime No.14 of 2026 passed by the Special Court for exclusive trail of cases under POCSO Act Cases, Thoothukudi, and to accept surety application without insisting the property documents.

2. The petitioner was arrested on 07.01.2026 and he was let out on bail on

19.02.2026 by the learned Special Court for exclusive trail of cases under POCSO Act Cases, Thoothukudi, wherein he was alleged to have committed offences under the NPDS Act and other provisions of IPC.

3. While letting out the petitioner on bail, the Court has imposed conditions that the petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties for a like sum to the satisfaction of the Court.

4. The petitioner has produced sureties before the trial Court on

25.02.2026, the same has been rejected under the impugned order on the ground that the property documents of the sureties have not been produced.

5. Considering the above said facts, the trial Court is directed to accept the sureties without insisting for the property documents.

6. With the above said observations, this Criminal original Petition stands allowed.

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