R.Sam v. The state of Tamil Nadu

Madras HC2 Jan 2026CRL MP(MD)/20474/2025

Case brief

AI extract

What is this about?

Relaxation/modification of condition in pending criminal appeal; S. 528 BNSS miscellaneous petition; parity with relaxed condition on co-accused in connected appeal Crl.A.(MD).No.860/2024; weekly appearance reduced to first working day of every English calendar month at 10.30 a.m.; petitioners R. Sam and S. Vinoth (Accused 3 & 4); Kaliyakavilai Police Station Crime No.420/2008, Kanyakumari District; Fast Track Mahila Court, Nagercoil/Kuzhithurai; Madurai Bench of Madras High Court; decided 02.01.2026 by N. Mala, J.; petition allowed.

What did the court decide?

Condition relaxed: petitioners directed to report before the concerned Court on the first working day of every English Calendar month at 10.30 a.m., pending appeal (in place of the earlier weekly appearance). ¶¶28

R.Sam Vs The state of Tamil Nadu — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the condition imposed on the petitioners/Accused Nos. 3 and 4 (weekly appearance before the Sessions Judge, Fast Track Mahila Court, pending appeal in Crl.A.(MD).No.890/2024) by order dated 25.10.2025 should be relaxed.

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Court's answer

In view of the petitioners' continued compliance with the conditional order dated 25.10.2025 and the fact that the condition imposed on the co-accused had already been relaxed in the connected appeal (order dated 30.01.2025 in Crl.MP.(MD).No.992/2025 in Crl.A.(MD).No.860/2024), the Court held that the condition imposed on the petitioners should be modified.

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Ratio / Principle

The petition was ordered and the petitioners were directed to report before the concerned Court on the first working day of every English Calendar month at 10.30 a.m., pending appeal.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), N. Mala, J.: Criminal Miscellaneous Petition under Section 528 of BNSS by Accused Nos. 3 and 4 (R. Sam and S. Vinoth), petitioners in pending Crl.A.(MD).No.890/2024 arising from Crime No.420/2008 of Kaliyakavilai Police Station, seeking relaxation of the condition imposed by order dated 25.10.2025 in Crl.MP(MD).No.11543/2024 requiring weekly appearance (10.30 a.m.) before the Sessions Judge, Fast Track Mahila Court, Nagercoil, Camp at Kuzhithurai, pending appeal. Noting that the petitioners had been complying with the condition and that the co-accused's condition had already been relaxed to monthly appearance by order dated 30.01.2025 in Crl.MP.(MD).No.992/2025 in Crl.A.(MD).No.860/2024, the Court modified the condition: the petitioners are to report before the concerned Court on the first working day of every English Calendar month at 10.30 a.m., pending appeal.

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Crl.MP.(MD).No.20474/2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated :02/01/2026

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CORAM

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THE HONOURABLE MRS. JUSTICE N.MALA

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Crl.MP.(MD).No.20474/2025 in

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Crl.A.(MD).No.890/2024

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1.R.Sam 2.S.Vinoth ... Petitioners

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The State of Tamil Nadu Rep. by its The Inspector of Police kaliyakavilai Police Station Kanyakumari District. [crime No.420/2008] ... Respondent

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Criminal Miscellaneous Petition filed under Section 528 of BNSS, to relax the condition imposed on the petitioners/Accused No.3 and 4, in the order dated 25.10.2025 in Crl.MP(MD).No.11543/2024 in Crl.A.(MD).No. 890/2024.

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For Petitioners : Mr.K.P.Krishna Doss

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For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis

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Crl.MP.(MD).No.20474/2025

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ORDER

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(1)The present petition is filed by the petitioners seeking relaxation of the condition imposed by this Court vide order dated 25.10.2025 in Crl.MP. (MD).No.11543/2024 in Crl.A.(MD).No.890/2024.

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(2)The learned counsel for the petitioners submitted that this Court, vide order dated 25.10.2025, directed the petitioners to appear before the Sessions Judge, Fast Track Mahila Court, Nagercoil, Camp at Kuzhithurai, once in a week at 10.30 a.m., pending appeal. The learned counsel submitted that the petitioners are abiding the said condition till date and hence, seeks relaxation of the aforesaid condition. The learned counsel further submitted that the condition imposed on the co-accused, was relaxed by this Court, vide order dated 30.01.2025, in Crl.MP. (MD).No.992/2025 in Crl.A.(MD).No.860/2024, by directing them to appear before the aforesaid Court, once in a month at 10.30 a.m.

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(3)The learned Additional Public Prosecutor affirmed the aforesaid facts.

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(4)Heard both sides.

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(5)Considering the fact that the petitioners are complying with the conditional order dated 25.10.2025, till date and further considering that

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https://www.mhc.tn.gov.in/judis

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Crl.MP.(MD).No.20474/2025

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the condition imposed on the co-accused has been relaxed by this Court in the connected Criminal Appeal, viz., Crl.MP.(MD).No.992/2025 in

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Crl.A.(MD).No.860/2024, on 30.01.2025, this Court is of the view that the condition imposed on the petitioners, be modified.

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(6 )Accordingly, the petition is ordered and the petitioners are directed to report before the concerned Court on the first working day of every English Calendar month at 10.30 a.m., pending appeal.

02.01.2026