Supreme Court - Daily Orders
T. Suganthan vs The Sub Inspector Of Police on 12 August, 2025
Author: Surya Kant
Bench: Surya Kant
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.3460/2024
T. SUGANTHAN APPELLANT
VERSUS
THE SUB INSPECTOR OF POLICE & ORS. RESPONDENTS
O R D E R
1. The appellant has laid challenge to the order dated 05.06.2023 passed by the High Court of Madras, Madurai Bench, affirming the order dated 07.03.2022 passed by the Judicial Magistrate, Eraniel, whereby the appellant was released on bail subject to certain conditions, including that he shall be detained in the Special Camp for Foreigners at Tiruchirapalli until further orders.
2. The above-stated condition was imposed by the Magistrate and upheld by the High Court on the premise Signature Not Verifiedthat the appellant is not an Indian citizen as his Digitally signed by ARJUN BISHT parents allegedly belong to Sri Lanka and they took Date: 2025.08.14 17:18:19 IST Reason: asylum in India due to outbreak of civil war. The 1 appellant was statedly born in India on 27.02.1987 at St. Joseph Hospital, Cheyyur, Chengalpattu District, Tamil Nadu. It further appears that the appellant was issued an Indian Passport on 02.08.2012. He travelled abroad on that passport, but when he applied for its renewal, it is alleged that a wrong date of birth was mentioned. That followed FIR No.1/2019 against two persons under Sections 420, 465, 468, 471 and 120-B of the Indian Penal Code, 1860 and Section 12(1-A)(a) & (b) of the Passport Act, 1967. The appellant was also issued a notice and asked to join the investigation in that case. He was then arrested on 20.10.2021.
3. It is not necessary for us to go into the allegations of human trafficking levelled against the appellant in a subsequent FIR dated 12.11.2021, where it is alleged that he illegally took 60 Sri Lankan Tamil refugees from India to Canada via unauthorized sea rout. What we are concerned is that while in custody in the above-mentioned cases, the learned Judicial Magistrate ordered the appellant’s release on bail, but after taking notice of the fact that the appellant allegedly is not an Indian citizen, has imposed the condition referred to in the opening part of this order. That condition has been affirmed by the High Court giving rise to this appeal. 2
4. In these pending proceedings, the appellant has placed on record the judgment and order dated 19.12.2023 passed by the Madurai Bench of Madras High Court in W.P. (MD) No.21539/2023 titled "Thangaraja vs. The Regional Passport Officer & Ors.” as also a photostat copy of the Indian Passport bearing No.AA102586 issued on 21.05.2025 in favour of his father.
5. Since the Court order and the Indian Passport issued in favour of the appellant’s father shall have some bearing on determining the appellant’s status and consequently to further determine whether he is entitled to be released on bail without any condition of being to be kept in detention camp, it seems to us that the subsequent events are required to be taken into consideration by the High Court.
6. Consequently, we allow this appeal; set aside the impugned order of the High Court and remit the case to the High Court with a request to reconsider the legality and desirability of the condition imposed by the Judicial Magistrate while releasing the appellant on bail. While considering, the High Court is requested to take into account all the subsequent events, including the documents relied upon by the appellant. It goes without saying that the Union of India and the State Government 3 shall render assistance to the High Court in determining the citizenship status of the appellant. Ordered accordingly.
...................J. (SURYA KANT) ...................J. (JOYMALYA BAGCHI) New Delhi;
August 12, 2025
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ITEM NO.45 COURT NO.2 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s).3460/2024
T. SUGANTHAN Appellant(s)
VERSUS
THE SUB INSPECTOR OF POLICE & ORS. Respondent(s)
(IA No. 174138/2025 - EARLY HEARING APPLICATION, IA No. 140197/2023
- EXEMPTION FROM FILING O.T., IA No. 83861/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 43160/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No.55170/2025 - RELEASE OF THE PETITIONER) Date : 12-08-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE JOYMALYA BAGCHI For Appellant(s) : Mr. Raja Rajeshwaran S., Adv.
Mr. Romeo Roy Alferd, Adv.
Mr. Valarmathi S., Adv.
Mr. Vairawan A.s, AOR For Respondent(s) :Mr. Sanjay R Hegde, Sr. Adv.
Mr. Sabarish Subramanian, AOR Ms. Jahnavi Taneja, Adv.
Mr. K M Nataraj, A.S.G. Mr. Anuj Srinivas Udupa, Adv.
Mr. Madhav Singhal, Adv.
Mr. Mayank Pandey, Adv.
Mrs. Bani Dixit, Adv.
Ms. Rajeshwari Shankar, Adv.
Ms. Astha Singh, Adv.
Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R
1. The appeal is allowed in terms of the signed order.
2. All pending applications, if any, also stand disposed of.
(ARJUN BISHT) (PREETHI T.C.)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file)
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