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Madras High CourtCRL OP/6076/2026granted

Tamil Selvan v. State Rep By,

2026-03-10Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Crl.OP No. 6076 of 2026 Tamil selvan ..Petitioner(s) Vs State Rep By, Inspector of Police, Thudiyalur Police Station, Coimbatore.

Cr.No.113 of 2026 ..Respondent(s) Prayer: Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in connection with the Crime No.113 of 2026 on the file of the respondent police.

For Petitioner(s):

Mr.D.Padmanabhan For Respondent(s):

Mr.P.Dhileepan, Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.02.2026 for the alleged offence under Sections 126(2), 115(2), 74, 75(2), 76, 78(2), 351(3) of BNS and Section 4 of TNPHW Act in Crime No.113 of 2026 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that when the victim was returning home from work, the accused intercepted her and outraged her modesty by forcibly

touching her and tearing her clothes by brandishing a knife. Hence, the present case.

3. The learned counsel for the petitioner would submit that a false case has been foisted against the petitioner and he has not committed any offence as alleged by the prosecution and he is in judicial custody from 10.02.2026. He further submits that the petitioner is a college going student and he is ready to abide by any conditions that may be imposed by this Court and hence, he prays to grant bail to the petitioner.

4. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available. 5.The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the accused intercepted the victim and inappropriately touched her by tearing her clothes. Hence, he vehemently opposed to grant bail to the petitioner. 6.From the submissions made by the learned counsel for the petitioner, the petitioner has been under incarceration since 10.02.2026 and almost 31 days had elapsed. Though gravity of the offence is serious in nature, considering the fact that the petitioner is a college going student, this Court is inclined to

enlarge the petitioner on bail, subject to certain stringent conditions.

7. 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 Judicial Magistrate, Additional Mahila Court, Coimbatore 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 report before the respondent police daily at 10:30 a.m., for a period of two weeks and thereafter, 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 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];

C.KUMARAPPAN, J.

rap [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

10-03-2026 rap To

1. The Inspector of Police, Thudiyalur Police Station, Coimbatore.

Cr.No.113/2026.

2. The Judicial Magistrate, Additional Mahila Court, Coimbatore.

3. The Superintendent, Central Prison, Coimbatore.