Ibrahim Ali Kha v. State Represented by the Sub Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

15.05.2026 for the alleged offences under Sections 296(b), 131, 351(2), 77 of Page2 of 5 BNS r/w Sec.4 of TXPHW Act in Crime No.44 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 13.05.2026 at about 07.00 a.m., while the de facto complainant was travelling in Train No. 22504 from Guwahati, she noticed the petitioner, who was also travelling in the same train, using his mobile phone in a suspicious manner towards women passengers. Hence, the case.

¶3The learned counsel appearing for the petitioner 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.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner is aged 54 years and he has been incarcerated since

15.05.2026. Hence, he opposed the grant of bail to the Petitioner.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record. Page3 of 5

¶6Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side), the period of incarceration of the petitioner since 13.05.2026, and taking into consideration of the nativity of the petitioner, this Court is inclined to grant bail to the petitioner, by imposing certain stringent conditions.

¶7Accordingly, 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, (among two sureties, one should be a blood surety), for a like sum to the satisfaction of the learned Judicial Magistrate (Additional Mahila) Vellore, 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 report before the respondent police daily at 10.30 a.m., for the period of thirty days 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 pass Page4 of 5 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. 08-06-2026 SHL Note:

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

¶2All 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 (Additional Mahila), Vellore

2.The Sub Inspector of Police Katpadi Government Railway Police (GRP) Station, Vellore District.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o14363oofo2026 C.KUMARAPPANoJ. SHL CRLoOPoNo.o14363oofo2026 08-06-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Ibrahim Ali Kha S/o. Jalal Uddin Kha, Dhania Bhetti, Batadraba Barhisa, Batadraba, Dhing, Nagon District, Assam-782122. ..Petitioner Vs State Represented by The Sub Inspector of Police Katpadi Government Railway Police (GRP) Station, Vellore District. Crime No.44 of 2026 ..Respondent Prayer: Criminal Original Petition filed under section 483 of BNSS to enlarge the petitioner on bail in respect of Crime No.44 of 2026 on the file of the Sub- Inspector of Police, Katpadi Government Railway Police (GRP) Station, Vellore. For Petitioner: Mr.B.Gopalakrishnan For Respondent: Mr.S.Yogaraja Sekar, Counsel for Government of Tamil Nadu (Criminal Side)