Jinnah @ Mohammed Ali vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 03.09.2025 for the alleged offence under Sections 64(1) and 351(1) of BNS, 2023 in Crime No.25 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner had committed rape on the de facto complainant who is aged about 19 years. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that the petitioner has been arrested and remanded to judicial custody since 03.09.2025. Hence, he prays to enlarge the petitioner on bail.

The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the petitioner has committed rape on a 19 year old girl. He further submits that the investigation has been completed and the charge sheet has been taken on file in SC.No.20 of 2026. Hence, he vehemently opposed to grant bail to the petitioner.

I have given my anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

From the submissions made by the learned Government Advocate (Crl.Side), it is seen that the investigation has been completed and the charge sheet has also been taken on file in S.C.No.20 of 2026. Taking into consideration the totality of the circumstances and upon considering the fact that the petitioner has been under incarceration since 03.09.2025, this Court is inclined to grant bail to the petitioner subject to certain conditions.

Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the Fast Track Mahila Court, Tiruppur, on condition that the petitioner shall execute 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 learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the Fast Track Mahila Court, Tiruppur, daily at 10.30 am. and 5.30 pm. until further orders;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.