Madras High Court
A.Sugantharaj vs The State Of Tamil Nadu on 24 September, 2025
Crl.O.P.(MD)No.16146 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.09.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.O.P.(MD).No.16146 of 2025
A.Sugantharaj ... Petitioner/Accused No.5
Vs.
The State of Tamil Nadu, rep. by,
The Inspector of Police,
NIB-CID Trichy,
(In Crime No.4 of 2024) ... Respondent/Complainant
Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023,
to direct the trial court to accept the petitioner's sureties as directed by the
docket order dated 20.08.2025 in C.C.No.122 of 2024, passed by the learned
Additional District Judge for EC and NDPS Act Cases, Pudukkottai.
For Petitioner : Mr.P.Pugalenthi
For Respondent : Mr.R.M.Anbunithi
Additional Public Prosecutor
ORDER
This Criminal Original Petition is filed to direct the Trial Court to accept
the petitioner's sureties as directed by the docket order dated 20.08.2025 in
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Crl.O.P.(MD)No.16146 of 2025
C.C.No.122 of 224 by the learned Additional District Judge for EC and NDPS
Act Cases, Pudukkottai.
2. According to the petitioner, he was not arrested during investigation
and hence, he appeared before the Trial Court on summons; that on 20.08.2025,
the learned Sessions Judge had directed the petitioner to execute a bond for a
sum of Rs.10,000/- with two sureties for the like sum; that on the next date of
hearing, i.e., 03.09.2025, when the petitioner produced two sureties, the learned
Judge refused to accept the sureties as the respondent had opposed the prayer of
the petitioner.
3. The learned Additional Public Prosecutor appearing for the respondent
would submit that the respondent has not objected to the execution of sureties.
4. Section 88 of Criminal Procedure Code reads as follows:
''88. Power to take bond for appearance.
- When any person for whose appearance or arrest
the officer presiding in any Court is empowered to issue a
summons or warrant, is present in such Court, such officer
may require such person to execute a bond, with or
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Crl.O.P.(MD)No.16146 of 2025
without sureties, for his appearance in such Court, or any
other Court to which the case may be transferred for
trial.''
5. Admittedly, the petitioner was not arrested during investigation and he
had appeared on summons before the learned Sessions Judge. The learned
Sessions Judge is empowered to direct the petitioner to execute a bond in terms
of Section 88 of Cr.P.C.
6. The Hon'ble Supreme Court in the case of Pankaj Jain Vs. Union of
India and another reported in (2018) 5 SCC 743, had held as follows:
“30. We thus conclude that the word “may” used in Section
88 confers a discretion on the Court whether to accept a bond
from an accused from a person appearing in the court or not. The
both Special Judge, CBI as well as the High Court has given
cogent reasons for not exercising the power under Section 88
CrPC. We do not find any infirmity in the view taken by the
Special Judge, CBI as well as the High Court in coming to the
conclusion that the accused was not entitled to be released on
acceptance of bond under Section 88 CrPC. We thus do not find
any error in the impugned judgment of the High Court.”
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Crl.O.P.(MD)No.16146 of 2025
Hence, even if the learned Sessions Judge is of the view that the accused is not
entitled to be released on bond under Section 88 of Cr.P.C., cogent reasons have
to be given. In this case, admittedly, the learned Sessions Judge had directed the
petitioner to execute a bond in the previous hearing. Therefore, this Court
directs the learned Sessions Judge to pass appropriate orders taking into
consideration Section 88 of Cr.P.C and the aforesaid observations of the
Hon'ble Supreme Court.
7. With the above observations, this Criminal Original Petition is
disposed of.
24.09.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
Lm
Note: Issue order copy by 30.09.2025
To
1.The Additional District Court
for EC and NDPS Act Cases,
Pudukkottai.
2.The Inspector of Police,
NIB-CID Trichy,
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Crl.O.P.(MD)No.16146 of 2025
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.16146 of 2025
SUNDER MOHAN, J.
Lm
Crl.O.P(MD).No.16146 of 2025
24.09.2025
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