SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 43782

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Sakthivel, J
S. Thangavel – Appellant
Versus
State – Respondent
Criminal Original Petition No. 85/26



Advocates:
For the Appellants/Petitioners: Ali Hassan Khan
For the Respondents: S. Balaji

The High Court may exercise its discretionary power to modify bail conditions, including reporting requirements and timeframes for executing sureties, if it finds the existing conditions to be impractical or causing undue hardship.

Headnote:The petitioner sought modification of bail conditions imposed under S. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner contended that daily reporting conditions were onerous and requested additional time to secure sureties. The court observed that the request was reasonable under the circumstances. The core issue was whether the trial court's bail conditions were modifiable to prevent hardship. The court reasoned that in appropriate cases, judicial discretion may be exercised to relax reporting requirements and extend timelines for administrative compliance, such as the execution of sureties, to uphold the liberty of the individual. The application for modification was allowed, and the reporting conditions were relaxed with an extension of time granted for compliance regarding sureties.

Table of Content
1. petitioner requests modification of bail conditions and extension of time. (Para 1 , 2 , 3)
2. court exercises discretion to modify bail conditions and extend compliance deadlines. (Para 4)

ORDER

This Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to modify the condition imposed in paragraph 6(3) of the order dated 20.04.2026 passed in Crl.M.P. No.

988 of 2026 on the file of the learned Principal Sessions Judge, Salem.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police.

3.The learned counsel for the petitioner submits that the petitioner was granted pre-arrest bail by the learned Principal Sessions Judge, Salem, in Crl.M.P. No. 988 of 2026 dated 20.04.2026, subject to certain conditions. He further submits that the petitioner is unable to comply with the reporting condition as originally ordered and therefore, seeks modification of the same. Further, the learned counsel requests an extension of time to comply with the condition relating to the execution of sureties.

4.Considering the facts and circumstances of the case, and the submissions made by the learned counsel on either side, this Court is inclined to modify the condition and extend the time for executing sureties.

5.Accordingly, the condition imposed in paragraph 6(3) of the order dated

20.04.2026 in Crl.M.P. No. 988 of 2026 by the learned Principal Sessions Judge, Salem, is hereby modified as follows:

"The petitioner shall appear before the respondent police (Magudanchavadi Police Station) every day at 10:00 AM until further orders."

Further, the time to execute and produce the sureties before the concerned Court is hereby extended till 05.06.2026. The petitioner shall produce and execute the sureties on or before 05.06.2026. All other conditions imposed by the learned Principal Sessions Judge, Salem, in the order dated 20.04.2026 shall remain unaltered.

6.Accordingly, this Criminal Original Petition is allowed.

21-05-2026 SHA Note:-

1.Registry is directed to forthwith upload this order in the official website of this Court.

2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

To

1. The Inspector of Police Magudanchavadi Police Station, Salem.

2.The Public Prosecutor, High Court, Madras.

3. Principal Sessions Judge, Salem.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top