Fazil v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Fazil ..Petitioner(s) Vs State Rep. by The Inspector of Police Peelamedu Police Station, Coimbatore District.

Crime No.163 of 2026 ..Respondent(s) PRAYER: - The Criminal Original Petition is filed under Section 483 of B.N.S.S., praying to enlarge the Petitioner on bail in Crime No.163 of 2026, on the file of the Respondent Police and thus render justice. For Petitioner(s):

Mr.W.Camyles Gandhi For Respondent(s):

Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 17.04.2026 for the alleged offence under Section 75 of BNS and Section 4 of TNPHW Act, in Crime No.163 of 2026, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the de facto complainant, an MBA

student from Erode, was proceeding to a food stall when the accused approached her on the pretext of enquiring about an address and allegedly touched her inappropriately before fleeing the place. The de facto complainant noted the vehicle registration number, based on which the respondent police identified the accused and registered the present case. 3.The learned counsel for the petitioner submits that the true facts of the case are that petitioner is not involved in the alleged offence. The petitioner was travelling on a two-wheeler, and unfortunately, he fell on the de facto complainant. Due to a misunderstanding, the de facto complainant lodged a false complaint against the petitioner.

4.The learned Government Advocate (Crl. Side) submitted that the defacto complainant is a college student, a native of Erode, and is pursuing an MBA. On the date of occurrence, while the defacto complainant was on her way to a food stall, the accused approached her and enquired about an address. When the defacto complainant was about to explain the address, the petitioner suddenly misbehaved with her by touching her private parts and then escaped from the place. The defacto complainant noted the vehicle registration number, and based on the same, the respondent police were able to identify the accused. The investigation is still in progress, and therefore, the learned Government Advocate (Crl. Side) opposed the grant of bail to the petitioner.

5.Heard both sides and perused the materials available on record. 6.Considering the rival submissions and the nature of the offence, the period of incarceration undergone by the petitioner, and the fact that no previous case is pending against him, 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 learned Judicial Magistrate-II, Coimbatore and on further conditions that: [b] the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of thirty (30) days;

[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 him 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.

13-05-2026 Index: Yes/No Speaking/Non-speaking order SSR 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-II, Coimbatore.

2.The Inspector of Police Peelamedu Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

4.The Superintendent, Central Prison, Coimbatore.

P.DHANABAL, J.

SSR 13-05-2026