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2026 Supreme(Online)(SC) 1008

SUPREME COURT OF INDIA
M.M. Sundresh, Vipul M. Pancholi, JJ
THANGAVEL – Appellant
Versus
THE STATE REPRESENTED BY ITS INSPECTOR OF POLICE – Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s). 3680/2026



Advocates:
For the Appellants/Petitioners: Sathyanarayanan, B. Sarathraj, Jaswanthi. A
For the Respondents: Sabarish Subramainan, Vesdhal Tyagi

Interim bail may be granted to a co-accused pending a Special Leave Petition if the main accused enjoys interim protection and the petitioner has no criminal antecedents.

Headnote:The petitioner filed a Special Leave Petition challenging an order of the High Court of Judicature at Madras. The petitioner had been in judicial custody for approximately 75 days, while the main accused in the case had been granted interim protection in an anticipatory bail petition. The court noted that the petitioner has no criminal antecedents. The primary issue was whether the petitioner is entitled to interim bail pending the disposal of the Special Leave Petition. The court reasoned that since the main accused is enjoying interim protection and the petitioner has no prior criminal record, the petitioner should be granted interim bail. Accordingly, the petitioner is granted interim bail during the pendency of the present Special Leave Petition, subject to the terms and conditions that may be imposed by the concerned Trial Court.

ITEM NO.63 COURT NO.5 SECTION II-C

RECORD OF PROCEEDINGS

IA No. 64241/2026 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 64242/2026 - EXEMPTION FROM FILING O.T.

This matter was called on for hearing today.

UPON hearing the counsel the Court made the following

O R D E R

Signature Not Verified

Digitally signed by SWETA BALODI

Date: 2026.02.27 17:28:24 IST

Reason: 1

Applications, for exemption from filing c/c of the impugned judgment and for exemption from filing O.T., are allowed.

Mr. Sabarish Subramainan, learned AOR accepts notice on behalf of the respondent. Hence, issuance of formal notice is dispensed with.

We have heard the learned senior counsel appearing for the petitioner and the learned counsel appearing for the respondent.

Learned senior counsel appearing for the petitioner submitted that interim protection has been given to the main accused in his anticipatory bail petition, whereas the petitioner has been arrested and has remained in judicial custody for nearly 75 days. It is further submitted that the matter is likely to be settled between the parties.

It is also submitted that there is a possibility of the chargesheet not being filed within the statutory period and, hence, the case of the petitioner may be considered for granting interim bail.

On a conspectus of the above, we feel that the petitioner should be granted interim bail, particularly, by taking note of the fact that there is no criminal antecedent in which the petitioner is stated to be involved and the main accused is enjoying the relief of interim protection in his anticipatory bail petition.

Accordingly, the petitioner is granted interim bail during the pendency of the present Special Leave Petition, subject to the terms and conditions that may be imposed by the concerned Trial Court.

List the matter on 24.03.2026.

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