[Cites 2, Cited by 0]
Madras High Court
Umar Farook vs State Rep By The Sub-Inspector Police on 10 April, 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
Crl.O.P.No.9099 of 2026
Umar Farook ... Petitioner(s)
Vs.
State rep. by the Sub Inspector of Police,
Valapady Police Station,
Salem District. ... Respondent(s)
[Crime No.78 of 2026]
PRAYER: Criminal Original Petition filed under Section 483 of BNSS, 2023,
to enlarge the petitioner on bail concerned in Crime No.78 of 2026 pending on
the file of the respondent police.
For Petitioner(s) : Mr.N.U.Pressanna
For Respondent(s) : Mr.S.Vinoth Kumar
Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
22.02.2026 for the alleged offence under Section 75 of BNS, 2026 and Section 4
of TNPHW Act, in Crime No.78 of 2026, on the file of the respondent police,
seeks bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that the petitioner is aged 60 years; that
the petitioner had misbehaved with the defacto complainant by inappropriately
touching her private parts. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner
is innocent and he has been under incarceration since 22.02.2026. The allegation
against the petitioner is that under the guise of doing some ritual act, he has
touched the defacto complainant’s chest and that the age of the petitioner is 60
years.
4. The learned Government Advocate would oppose the bail application
and submit that the investigation is in the advanced stage.
5. I have given my anxious consideration to the submissions made by the
learned counsel on either side.
6. Taking into consideration of the totality of the circumstances and upon
the fact that the petitioner is aged 60 years, this Court is inclined to enlarge him
on bail with certain stringent conditions:
7. Accordingly, 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
https://www.mhc.tn.gov.in/judis
only), with two sureties each for a like sum, to the satisfaction of the District
Munsif cum Judicial Magistrate, Vazhapadi, subject to the following conditions:
[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 a period of two weeks 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 take
appropriate action against the petitioners in accordance with
law as if the conditions had been imposed and the petitioners
released on bail by the learned Magistrate/Trial Court itself,
as laid down by the Hon'ble Supreme Court in P.K.Shaji vs.
State of Kerala [(2005)13 SCC 283];
[f] if the petitioner thereafter abscond, a fresh FIR may
be registered under Section 269 of the Bharatiya Nyaya
Sanhita, 2023.
10.04.2026
ata
https://www.mhc.tn.gov.in/judis
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 District Munsif cum Judicial Magistrate Court, Vazhapadi.
2. The Superintendent, Central Prison, Salem.
3. The Sub Inspector of Police, Valapady Police Station, Salem District.
4. The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis
C.KUMARAPPAN,J.
ata
10.04.2026
https://www.mhc.tn.gov.in/judis
