Mohammed Farooq vs Inspector Of Police And Others

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 29.03.2026 for the alleged offences under Sections 9(M), 7 read with 8 of POCSO Act, 2012 in Crime No.10 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner, aged 26 years, has committed aggravated sexual assault on a victim boy. Hence the case.

The learned counsel appearing for the petitioner would submit that the petitioner has been charged for the offences under Sections 9(M), 7 read with 8 of POCSO Act and the occurrence took place on 28.03.2026 and the petitioner has been remanded to judicial custody on 29.03.2026 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 on 28.04.2026 and strongly opposed the bail application.

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

While looking at the statement under Section 183 of B.N.S.S., there are serious allegations against the petitioner. However, the learned Government Advocate would fairly submit that this petitioner has no previous criminal antecedents. Therefore, considering the totality of circumstances, the long period of incarceration of the petitioner since 29.03.2026, upon the fact that investigation has already been completed and taking into consideration of the filing of the charge sheet, 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 learned Sessions Judge, Special Court for exclusive trial of cases under POCSO Act, Tiruvallur 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 Stay at Thanjavur and shall appear and sign before the Inspector of Police, C2 Melavasthachavadi Police Station, Thanjavur daily at 10.30 a.m. and 5.30 p.m. until further orders.

[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.