Gowtham S/O.Raja vs Inspector Of Police

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 09.03.2026 for the alleged offences under Sections 68, 75(2) and 77 of B.N.S. and Section 4 of TNPHW Act and Section 66E of Information Technology Act in Crime No.6 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner, who was working as a Warden in the Hostel, where the victim was staying, had acquaintance with the victim and in furtherance of which, had forcible sexual relationship with the victim and also took videographs. Hence the case.

The learned counsel appearing for the petitioner would submit that the petitioner remanded to judicial custody on 09.03.2026 and he would further submit that according to the FIR, the occurrence took place between 01.11.2025 and 14.02.2026 and the petitioner is ready to abide by any condition that may be imposed by this Court and hence prays for grant of bail to the petitioner.

At this juncture, the learned Government Advocate (Criminal side) appearing for the respondent police has submitted the statement recorded under Section 183 of B.N.S.S and strongly opposed the bail application.

I have given anxious consideration to the submissions made by the learned counsel on either side.

This Court perused the statement of the victim recorded under Section 183 of B.N.S.S. and the FIR. Though there are allegations against this petitioner, considering the long period of incarceration of the petitioner since 09.03.2026, this Court is inclined to enlarge the petitioner on bail, subject to the following stringent conditions:

Accordingly, the petitioner is ordered to 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 like sum to the satisfaction of the Additional Mahila Court, Egmore and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall appear before the respondent police daily at 10.30 a.m. and 5.30 p.m. for a period of one month and thereafter, as and when required by the investigation officer for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]:

[f] If the accused thereafter absconds, a fresh FIR can be registered underSection 269 of B.N.S.