Bakurudeen v. The State Of Tamilnadu, Through The Inspector Of Police, Cyber Crime City Police Station,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/03/2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Bakurudeen, S/o.Anwar, ... Petitioner/Accused Vs The State of Tamilnadu, Through the Inspector of Police, Cyber Crime City Police Station, Tirunelveli District.

Crime No.08/2015.

... Respondent/Complainant For Petitioner : M/s.Geetha for Mr.S.Siva Kumar.A, For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in connection with the CC.No.298/2017 on the file of the Judicial Magistrate Court No.I, Tirunelveli.

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 08.11.2025 for the offences punishable under Sections 420, 354 (A), 345(c), 465, 506(i) IPC r/w 66(E) of IT Act 2020 in C.C.No.298 of 2017 on the file of the Judicial Magistrate Court No.I, Tirunelveli, in Crime No.08 of 2015 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant approached the petitioner seeking assistance in securing employment abroad for her husband. It is further alleged that the petitioner sexually assaulted the defacto complainant and video recorded the act. By threatening to disclose the said video, the petitioner is alleged to have intimidated the defacto complainant. Hence, the complaint.

3. It is not in dispute that since the petitioner has not turned up for the hearing, Non-Bailable Warrant (NBW) was ordered to be issued in the year 2023 and the same was executed on 08.11.2025 and he is still in judicial custody.

4 .The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays to grant bail to the petitioner.

5. The learned Additional Public Prosecutor appearing for the respondent would submit that due to non-appearance, the Non-Bailable Warrant was issued against the petitioner. He would further submit that six cases are pending against the petitioner and hence, he strongly opposed to grant bail to the petitioner.

6. This Court heard both sides and perused the materials available on record.

7. Considering the rival submissions made by the learned counsel on either side, nature of offence and considering the fact that already the petitioner was granted bail and thereafter, due to non-appearance, NBW was issued and in this case and the same was executed and the petitioner is in judicial custody from 08.11.2025 the trial has already been commenced and chief examination of P.W.1 was over and also considering the period of incarceration undergone by the petitioner, 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 Judicial Magistrate Court No.I, Tirunelveli, and on further conditions that:

[b] the petitioner shall report before the trial Court on all working days y at 10.30 a.m and 5.30 p.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she 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 her 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 BNS.

26.03.2026 TTA TO 1.Judicial Magistrate Court No.I, Tirunelveli,

2. The Superintendent, Central Prison, Palayankottai.

3. Inspector of Police, Cyber Crime City Police Station,

Tirunelveli District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

P. DHANABAL, J TTA

ORDER

IN CRL OP(MD) No.2321 of 2026 Date : 26/03/2026