Palanivel vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 01.08.2025 for the offences punishable under Section 68(d) of BNS in PRC No.176 of 2025 on the file of the Additional Mahila Court, Salem, seeks bail.

The allegation against this petitioner is that, he is working as a temporary cleaning labour in the hospital, where the defacto complainant was admitted and taking treatment; that on 01.08.2025, while the defacto complainant was sleeping, the petitioner had misbehaved with the defacto complainant by touching her private part; that while the defacto complainant woke up and raised alarm, the petitioner fled away from the place. Hence, this case.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner is in judicial custody since 01.08.2025; that the investigation of the case has been completed and charge sheet filed in PRC No.176 of 2025; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that the investigation of the case has been completed and charge sheet filed in PRC No.176 of 2025.

Considering the facts and circumstances of the case, the fact that investigation was completed and charge sheet has been filed and taking note of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the Additional Mahila Court, Salem 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 Additional Mahila Court, Salem daily at 10:30 a.m., for a period of four weeks and thereafter, on all the hearing dates without fail;

[c] 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];

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