Vijayan vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 03.04.2026 for the alleged offence under Sections 74 and 75 of BNS and Section 4 of TNPHW Act, 2002 in Crime No.7 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner attempted to molest the de facto complainant who is a college going girl, doing part time job in the grocery shop of the petitioner. Hence, this case.

The learned counsel appearing for the petitioner submitted that the petitioner has been incarcerated since 03.04.2026. He further submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner has no previous case pending against him. However, he opposed the grant of bail to the Petitioner.

I have given my anxious consideration to either side submissions and perused the materials available on record.

From the submissions made by the learned counsel on either side and also taking into consideration of the allegation and upon the fact that major portion of the investigation might have been completed by this time, custodial interrogation of the petitioner is not required. Taking into consideration of the nature of allegation, this Court while considering the bail application is inclined to enlarge the petitioner on bail by imposing stringent conditions.

Accordingly, the petitioner is ordered to be released on bail on her 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 District Munsif cum J.M, Vazhapadi, 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 stay at Coimbatore and report before the Inspector of Police, Singanallur Police Station, Coimbatore daily at 10.30 a.m., for a period of thirty days and thereafter report before the respondent police as and when required for interrogation;

[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 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];

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