Suresh vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 30.04.2026 for the alleged offences under Sections 332 (c), 75 (2) of BNS and r/w under Section 11 (1) & 12 of POCSO Act, 2012, in Crime No.17 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner works as a Social Science teacher at the School where the victim is studying. On 30.04.2026, the petitioner allegedly went to the defacto-complainant's house and attempted to sexually harass the victim who is approximately fifteen years old. Hence the case.

The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 30.04.2026. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of bail to the petitioner.

Considering the long incarceration of the petitioner since 30.04.2026, and taking into account the fact that the petitioner is a teacher, 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.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Special Judge for POCSO Act, Kallakurichi, 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 the identity proofs to ensure their identity;

[b] the petitioner shall stay at Nagercoil and report before the Nesamony police station daily morning at 10.30 AM and evening at 5.30 PM 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 take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];