Naresh Kumar vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 13.05.2026 for the alleged offences under Sections 331(1), 351(3), 75(1)(i) of BNS, in Crime No.195 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner is said to have trespassed into the house of the de facto complainant and taken photographs of the de facto complainant's daughter while she was sleeping and also touched the victim in an inappropriate manner. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner is a Rapido delivery partner and that the de facto complainant is the mother of the victim. The allegation against the petitioner is that he entered the residence of the de facto complainant and took photographs of the victim unauthorisedly. However, the learned counsel would submit that the petitioner was in a relationship with the victim and that he took photographs only with her consent. According to the learned counsel, the de facto complainant being annoyed with such friendship, has lodged a false complaint. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police opposed the bail application on the ground that the entire issue arose due to the act of the petitioner in trespassing into the house of the de facto complainant and taking photographs of the victim.

Taking into consideration of the totality of the circumstances and that the petitioner has been in incarceration since 13.05.2026, this Court is of the firm view that further incarceration of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to enlarge the petitioner on bail, subject to certain 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 Judicial Magistrate, Sriperumbudur, 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 Trichy and report before the Inspector of Police, Cantonment Police Station, Trichy, twice a day at 10.30 a.m. and 05.30 p.m., for a period of two weeks;

[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.