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Madras High CourtCRL OP(MD)/4783/2026allowed

Saravanan v. State Of Tamilnadu Rep By Inspector Of Police, Devakottai Town

2026-03-05Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.03.2026 PRESENT THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN CRL OP(MD)No.4783 of 2026 Saravanan ... Petitioner /Accused

Versus

The State of Tamil Nadu, Rep by the Inspector of Police, Devakottai Town Police Station, Sivagangai District.

(Crime No.80 of 2025) ... Respondent / Complainant PRAYER :-Criminal Original Petition filed under Section 483(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order in Crl.M.P.No.42 of 2026 dated 06.01.2026 on the file of the learned Principal Sessions Court, Sivagangai and modify the condition that the petitioner's photograph and Aadhar Card or Bank Passbook copy shall also be obtained while considering the sureties imposed upon the petitioner in Crl.M.P.No.2924 of 2025 passed by the learned Principal Sessions Court, Sivagangai dated 19.12.2025.

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For Petitioner :

Mr.G.Gowtham For Respondent :

Mr.M.Karunanithi, Government Advocate (Criminal Side) ORDER : The Court made the following order :- This Criminal Original Petition has been filed seeking modification of the condition that "the petitioner's photograph and Aadhaar Card or Bank Passbook copy shall also be obtained while considering the sureties" imposed on the petitioner in Crl.M.P.No.2924 of 2025 by the learned Principal Sessions Judge, Sivagangai, by order dated 19.12.2025.

2. The petitioner earlier filed a petition in Cr.M.P.No.42 of 2026 before the Trial Court seeking modification of the said condition, which came to be dismissed on 06.01.2026. Aggrieved by the same, the present petition has been filed.

3. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed to modify the said condition, submitting that the petitioner is involved in 21 previous cases. 2/5

4. This Court has considered the rival submissions made on either side and perused the materials available on record.

5. According to the learned counsel for the petitioner, the petitioner does not possess an Aadhaar Card, but he is ready to produce his ration card. The submission of the learned Government Advocate (Criminal Side) that the petitioner is involved in 21 previous cases cannot, by itself, be a ground to reject the request for modification of the condition requiring production of an Aadhaar Card. Hence, this Court is inclined to modify the said condition.

6. Accordingly, this Criminal Original Petition stands partly allowed in the following terms:

"The petitioner is directed to produce the original ration card, and the learned Trial Court Judge shall verify the genuineness of the same, and upon such verification, consider the sureties."

The other conditions imposed by the Trial Court shall remain unaltered. 05.03.2026 pal 3/5

To 1.The Principal Sessions Court, Sivagangai.

2.The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN ,J.

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ORDER

IN CRL OP(MD) No.4783 of 2026 Date : 05.03.2026 5/5