T. Senthil Kumar vs State

P. Dhanabal, J

The petitioner, who was arrested and remanded to judicial custody on 14.03.2026 for the offences punishable under Sections 75(1)(i), 75(1)(ii), 75(1)(iv), 79, 49, 351(2) of BNS and Section 4 of TNPHW Act in Crime No.18 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner herein is the Commandant in IV Battalion has continuously harassed the defacto complainant, who was an Inspector (Technical) serving under the petitioner, by making video calls and voice calls through whatsapp and further the petitioner sexually assaulted the defacto complainant, and criminally intimidated her to prevent disclosure of the incident, thereby caused both physical and mental agony to the defacto complainant. Thereafter, the defacto complainant lodged a complaint before the ICC Committee in December, 2025 and thereafter, lodged a complaint before the respondent police on 11.04.2026 and subsequently, a case was registered by the respondent police.

The learned counsel for the petitioner would contend that petitioner is innocent and he has been falsely implicated in this case. He further submitted that the alleged occurrence is said to have taken place on 19.10.2025 and the present complaint came to be lodged after a delay of about 173 days. He further submitted that the petitioner is under judicial custody since 14.03.2026; and that the petitioner is ready and willing to furnish substantial sureties and to abide by any conditions that may be imposed by this Hon'ble Court and therefore, he prayed to grant bail to the petitioner.

The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing the bail to the petitioner, reiterated the prosecution's case and submitted that the petitioner being a superior authority committed serious offences and abused his official capacity and another separate complaint was lodged against the petitioner by another victim alleging similar acts. He also submitted that departmental enquiry proceedings has also been initiated, and the offences are grave in nature.

Heard both sides and perused the materials available on record.

Considering the rival submissions made on either side, the nature of offences charged against the petitioner, the alleged occurrence took place from 09.03.2022 to 22.09.2025 but the FIR has been only registered on 11.04.2026 and there is a delay in lodging complaint, the fact that already departmental enquiry proceedings has been initiated against the petitioner and taking note of the period of incarceration undergone by the petitioner, already statements of the material witnesses have been recorded, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[a] Accordingly, 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 Additional Mahila Court, Coimbatore and on further conditions that;

[b] the petitioner shall report before the respondent police on every first day of English Calendar month at 10.30 a.m., for a period of three months and thereafter, as and when required for interrogation;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he 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 B.N.S.2023.