Mohammed Bilal Khaledi v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Mohammed Bilal Khaledi S/o. Mohammed Hassan Khaledi ... Petitioner / Accused Vs.
The State represented by:
The Inspector of Police, Cyber Crime Police Station, Delta-2, Central Crime Branch, Vepery, Chennai.
(Crime No.10 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.10 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.K. Prabakar For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was 1/6
arrested and remanded to judicial custody on 04.02.2025, seeking bail in Crime No.10 of 2025 registered for the offences under Sections 15 of POCSO Act and Section 67B of Information Technology Act, 2000.
2. The case of the prosecution is that one Mohammed Ameer had appeared for US Visa interview; that he had submitted forged documents; that on enquiry, he revealed that he produced the same at the instance of the petitioner; that the petitioner was summoned and he was found in possession of Child Sexual Exploitation Materials stored in his mobile phone and he repeatedly watching the same.
3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that in any case, considering the period of incarceration, the fact that the mobile phone has been seized and the telegram account of the petitioner has been blocked, the petitioner may be released on bail.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and confirmed the fact that the telegram account of the petitioner has been blocked and the mobile phone of the petitioner 2/6
has been seized.
5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Considering the nature of allegations against the petitioner, period of incarceration and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, one of the sureties shall be a blood surety, each for a like sum to the satisfaction of the Special Court for exclusive trial of cases under POCSO Act cases, Chennai and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
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[b] the petitioner shall appear before the respondent Police every day at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with 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 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
05.03.2025 mjs To
1. The Special Court for exclusive trial of cases under POCSO Act cases, Chennai.
2. The Inspector of Police, 4/6
Cyber Crime Police Station, Delta-2, Central Crime Branch, Vepery, Chennai.
3 The Superintendent of Police, Central Prison, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras. 5/6
SUNDER MOHAN., J.
mjs Crl.O.P.No.5851 of 2025 05.03.2025 6/6