Ibrahim Ali Kha vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 15.05.2026 for the alleged offences under Sections 296(b), 131, 351(2), 77 of BNS r/w Sec.4 of TXPHW Act in Crime No.44 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 13.05.2026 at about 07.00 a.m., while the de facto complainant was travelling in Train No. 22504 from Guwahati, she noticed the petitioner, who was also travelling in the same train, using his mobile phone in a suspicious manner towards women passengers. Hence, the case.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner is aged 54 years and he has been incarcerated since 15.05.2026. Hence, he opposed the grant of bail to the Petitioner.

I have given my anxious consideration to either side submissions and perused the materials available on record.

Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side), the period of incarceration of the petitioner since 13.05.2026, and taking into consideration of the nativity of the petitioner, this Court is inclined to grant bail to the petitioner, by imposing certain 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, (among two sureties, one should be a blood surety), for a like sum to the satisfaction of the learned Judicial Magistrate (Additional Mahila) Vellore, 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 report before the respondent police daily at 10.30 a.m., for the period of thirty days and thereafter, as and when required 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 under Section 269 of B.N.S.