Thoufeeq v. State Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Thoufeeq ..Petitioner Vs State rep.by, The Inspector of Police, C5 Kavundampalayam Police Station, Coimbatore district.

Cr.No.153 of 2026.

..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.153 of 2026, on the file of the respondent police. For Petitioner:

Mr.W.Camyles Gandhi For Respondent:

Mr.R.Kishore Kumar Govt.Advocate (Crl Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.04.2026 for the alleged offence under Section 77 and 79 of BNS and section 4 of TNPHW Act (Under section 354C and 509 IPC and Section 4 of TNPHW) in Crime No.2/2026/AC/CB on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that he furtively seen the de facto complainant while bathing. Hence, this case.

3. The learned counsel for the petitioner submitted that the occurrence took place on 03.04.2025 and he has been remanded under judicial custody on the same day. 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.

4. 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 as against him. However, he opposed the grant of bail to the Petitioner.

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

6. From the submissions made by the learned counsel on either side and taking into consideration of the totality of the circumstances, the nature of

allegation against the petitioner and upon the fact that major portion of the investigation might have been completed by this time, this Court is of the view that further custody of the petitioner is not required. Hence, 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 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 Judicial Magistrate-I, Coimbatore, 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 Trichy and report before the Inspector of Police, Thillai Nagar Police Station, Trichy daily at 10.30 a.m., for the period of two weeks and 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.

24-04-2026 SHL Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To:

1. The Judicial Magistrate-I, Coimbatore

2. The Inspector of Police, C5 Kavundampalayam Police Station, Coimbatore district.

3. The Public Prosecutor High Court of Madras

4. The Inspector of Police, Thillai Nagar Police Station, Trichy

C.KUMARAPPAN J.

SHL 24-04-2026