Ravikumar vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 27.02.2026 for the alleged offence under Section 75 of BNS, 2023 in Crime No.454 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner while entering into his college, touched the de facto complainant inappropriately and ran away from the scene of occurrence. Hence, the complaint.

The learned counsel for the petitioner submits that the petitioner is a college going student and that he has been falsely implicated in this case. He further submits that there is no previous case against the petitioner and that the petitioner has been arrested and remanded to judicial custody since 27.02.2026. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) while opposing to grant bail to the petitioner submitted that the First Information Report has been registered on 30.07.2025 on account of commission of the aforesaid offence. He further submitted that the petitioner on an earlier occasion attempted to move an application for anticipatory bail which were subsequently dismissed by the trial Court and hence, he surrendered on 27.02.2025. He further submitted that there is no previous case registered against 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.

In view of the above submissions made by the learned counsel on either side and taking into consideration the long period of incarceration already undergone by the petitioner and also taking note of the fact that the petitioner has no previous case pending against him, this Court is inclined to grant bail to the petitioner, 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 No.2, Mettur, and subject to the following conditions:

(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 identify proofs to ensure their identity;

(b) The petitioner shall stay at Madurai and report before the Inspector of Police, Othakadai Police Station, Madurai daily at 10.30 a.m., and 5.30 pm. for a period of two weeks 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 the evidence or witness either during investigation or trial;

(e) 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];

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