Munna @ K. Mohammed Kaif v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Munna @ K.Mohammed Kaif ... Petitioner Vs.

The State rep.by The Inspector of Police Ambur All Women Police Station Ambur, Tirupathur District.

(Crime No.02 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.02 of 2025 on the file of the respondent police. For Petitioner : Mr.G.Vinodh Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.01.2025 for the alleged offences punishable under Sections 65(2) of BNS, Sec 5(m) and 5(1), 4(2) of POCSO Act, 2012, in Crime No.02 of 2025 on the file of the respondent police, seeks bail.

2. Earlier bail application was dismissed by this Court in Crl.O.P.No.23114 of 2025 dated 20.08.2025 considering the gravity of offence committed by the petitioner.

3. The learned counsel appearing for the petitioner states that the charges have been framed and posted for trial. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal.Side) appearing for the respondent police reiterated the prosecution case and opposed grant of bail to the petitioner.

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5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner and also the fact that the case is pending for trial, 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.20,000/- (Rupees Twenty Thousand Only) with two sureties, for a like sum to the satisfaction of the learned Additional District Munsif-cum-Judicial Magistrate, Ambur 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 the0 identity proofs to ensure their identity;

[b] the petitioner shall appear before the concerned Court daily at 10.30 a.m., for a period of three weeks and thereafter, on all hearing dates; 3/6

[c] 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 26.09.2025 dna 4/6

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 Additional District Munsif-cum-Judicial Magistrate, Ambur.

2.The Inspector of Police Ambur All Women Police Station Ambur, Tirupathur District.

(Crime No.02 of 2025) 3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

dna 26.09.2025 6/6