Interim bail / Present: Thiru.S.Karthikeyan, M.A., M.L., M.Sc., P.G.D.C.F.Sc., P.G.DD.F., Principal Sessions Judge. Thursday, the 12th day of February, 2026 Crl.M.P.No. 1174/2026 in SC.No. 425/2024 K.1, Sembium, P.S., Crime No.293/2024 G.Arul, .. Petitioner/Accused-4
- IN THE COURT OF PRINCIPAL SESSIONS JUDGE, CHENNAI
Present: Thiru.S.Karthikeyan, M.A., M.L., M.Sc., P.G.D.C.F.Sc., P.G.DD.F., Principal Sessions Judge.
Thursday, the 12th day of February, 2026
Crl.M.P.No. 1174/2026 in
SC.No. 425/2024
K.1, Sembium, P.S., Crime No.293/2024
G.Arul, .. Petitioner/Accused-4
Vs.
1. The State rep by
Special Investigation Officer,
Assistant Commissioner of Police, MKB Nagar Police Range, MKB Nagar, Chennai.
2. State Rep. by
The Inspector of Police,
K-1, Sembium, Police Station, Chennai. ..Respondents/Complainants
This petition is coming on this day before this court for hearing in the presence of M/s.D.Alexis Sudhakar, T.Anto Chrisbeen Jenitha, K. Raghunath, S.Sirgeth Naina Mohamed, K. Sankar, G. Chanthiraganth S. Siva Rama Rajeswaran, R.Suresh Kumar, A R Nithesh Kumar, the Counsel for the petitioner and of the Senior Special Public Prosecutor for respondent police and upon hearing both sides, this Court delivered the following,
ORDER
1. The petitioner/A4 in SC.No. 425/2024 comes up with present application for bail. Thepetitioner is facing charges before this court for the offences punishable under Section 61(2)(a) r/w sec. 103(1), 191(3), 351(3), 109, 238 r/w sec. 190, 49 of BNS, sec. 4(b) r/w sec. 5,6 of Explosive substances Act, 1908 and sec. 3 r/w 25 (1B)(a) of the Arms Act 1959. The petitioner was arrested on 06.07.2024 and he is in incarceration for about more than 572 days. The investigation in respect of the case was already over. The final report was also filed before the committal court and the same was committed to this court and taken on file in SC.No. 425/2024 on 26.11.2024.
2. When the case was pending at the stage of framing of charges, the defacto complainanthas approached the Hon’ble High Court, Madras in Crl.OP.No. 18671/2025 seeking for transfer of investigation to CBI. The Hon’ble High Court of Madras by its order dated 24.09.2025 has quashed the charge sheet and directed the respondent police to hand over the case to CBI. However, the State has preferred an appeal by way of Special Leave before the Hon’ble Supreme Court of India in S.L.P.(Crl.)No. 15897/2025 wherein in initially Stay was granted only in respect of quashment of charge sheet and subsequently, it was extended to transfer of investigation also.
3. In the meantime, some of the co-accused in this case has approached this court seekingfor bail and A3, A15, A16, A17, A20, A21, A23, A24, A25, A26, A27, A28, A29 and A30 were granted bail by this court. As against the order of bail, the defacto complainant has approached the Hon’ble High Court, Madras seeking for cancellation of bail and the same is pending for consideration. At this stage, the petitioner has come up with the present application seeking for bail on the medical grounds. The learned counsel for the petitioner submitted that the petitioner is a practicing Advocate and he has deep root in society and in the legal profession. The petitioner has diagnosed with Hepatomegaly with grade I fatty liver disease and was given treatment in the prison itself. According to the learned counsel for the petitioner, he was not provided proper treatment in the jail and his health condition is deteriorating day by day therefore, he may be granted bail for getting treatment in private hospital at his own cost.
4. However, the learned Sr. Special Public Prosecutor appeared for State contended that the State is providing proper treatment in prison. Apart from that, he has also taken outside for treatment at Stanley Medical Hospital. Further, he contended that the petitioner may be referred to Medical Board to evaluate him for the purpose of further course of treatment and he may be given treatment at Stanley Medical Hospital itself if needed. Further, the learned Sr. Special Public Prosecutor submitted that if the petitioner was granted bail, the State cannot exercise full control over him and he may commit further crime by misusing his liberty obtained on the ground of medical treatment. Hence, the learned Senior Special Public Prosecutor strongly opposed to grant bail to the petitioner.
5. This court has given its thoughtful consideration to the rival submissions put forth by either side. On careful perusal of records, it is found that the accused herein was arrested on 06.07.2024 and he was incarceration for about 572 days. Though the petitioner is facing serious allegations, he presented the petition for bail on medical grounds. The petitioner is in judicial custody and his remand is extended from time to time. It is not out of place to mention here that at the time of extension of remand, the petitioner has reported about his health conditions and prayed for proper treatment at outside prison hospital. Therefore, this court has directed the Prison Authority to provide him proper medical treatment and submit a report regarding his health condition before this court on the next hearing.
6. On the next date of remand, the petitioner has reported that he was taken tooutside hospital for medical treatment as per the directions of this court but follow up medical treatment was not given to the petitioner on the ground that strong escort was not available. Therefore, again this court instructed the prison authorities to give follow up medical treatment to the petitioner and directed the prison authorities to submit a report. However, no report was submitted by Prison Authority to this court until now with regard to the medical treatment given to the petitioner.
7. Though the Sr. Special Public Prosecutor canvased that the prisoner need to beevaluated by a board of doctors for further course of treatment to be given to the petitioner, this court found that the petitioner has produced the medical documents issued by the Government Stanley Medical College and Hospital, Department of Radiology, shows that the petitioner was diagnosed with Chronic Parenchymal Liver Disease and the same was certified by the Head of the Department of Radiology, Government Stanley Medical College and Hospital, Chennai. This court find no reasons to doubt the veracity of the said medical record.
8. It is also reported by the Prison authorities and the prison inmates, especially in this case, many a time, the prison inmates were not taken to outside hospital for treatment on the ground of non availability of strong escort. This Court is also noticed that in this month at least 5 times it is reported by the Commissioner of Police, that Police strength in large number are required for the deployment of law and order and security arrangement, the state is not in a position to produce the prisoners before this Court in person and requested for extension of remand by video conference. It is also brought to the notice of this court, large number of police need to be deployed for the purpose of election duty and therefore, providing strong escort to the prisoners either at the time of taking to the hospital or at the time of taking treatment at hospital is not feasible. Therefore, the suggestion made by the learned Senior Special Public Prosecutor is not workable in the present situation.9. The Hon’ble Apex Court in Suhas Chakma Vs. Union of India and othersreported in 2024 INSC 813 held that the Under Trial Prisoners Review Committee may examine the medical condition of the inmate and if it is found that the inmate is very sick and specialized treatment is essential for survival, then the UTRC may recommend the trial court to consider granting bail on medical ground, as provided under S.437, CrPC, even for temporary period. Therefore, this court is of the considered view that the petitioner shall be released on interim bail for a period of 8 weeks for taking proper treatment at private hospital of his choice at his own costs.
10. Accordingly, the interim bail is granted for 8 weeks and the petitioner is orderedto be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees twenty Five thousand only) with two sureties each for a likesum to the satisfaction of this court and on further condition that:-
(a) the sureties shall affix their photographs and Left Thumb impression in thesurety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
(b) the petitioner shall appear and sign before this court daily at 10.30 amduring the interim bail if his hospitalisation is not necessary.
(c) that the petitioner shall surrender before this court on 10.04.2026 at 10.30 am.
Dictated to Steno-typist, typed by him directly, corrected and pronounced by me in open court this the 12th day of February, 2026.
Principal Sessions Judge Copy to :
1. The Superintendent, Central Prison, Puzhal, Chennai.
2. The Inspector of Police, K-1, Sembium, Police Station, Chennai.
