Satham Hussain vs State Through The Inspector Of Police

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 12.04.2026 for the offences punishable under Sections 296(b) of BNS and 11(1) r/w 12 of POCSO Act, 2012 in Crime No. 215 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 11.04.2026 at about 02.30p.m., while the victim was sweeping the front yard of her house, the petitioner, who resides in the opposite house has showed his private parts and made obscene gestures towards her, Hence the case.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that he has been arrested and remanded to judicial custody on 12.04.2026. Therefore, prayed to grant bail for the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that based on the complaint lodged by the grand mother of the victim the case has been registered. On considering the grave nature of offence, he strongly opposed to grant bail to the petitioner.

This Court heard both sides and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the averments made by the victim in her statement recorded under Section 183 of BNSS; that the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, POCSO Court, Dindigul and on further conditions that:

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of 30 days, thereafter, as and when required for interrogation;

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.