Prabin Christal Raj v. State By

Crl.O.P.No.4939 of 2024 Crl.O.P.No.4939 of 2024 C.V.KARTHIKEYAN,J.

The petitioner who was arrested and remanded to judicial custody on 08.02.2024 for the offences registered by the respondent Police under Sections 354 IPC r/w 4 of Women Harassment Act and 67 of IT Act, in Crime No.29 of 2024, seeks bail. 2.The learned counsel for the petitioner stated that the defacto complainant is residing at Sembiyum and the petitioner is residing at Kanniyakumari and that a complaint has been lodged at Vepery Police Station, Chennai. It is further stated that the alleged whatsapp messages which are said to have been sent by the petitioner are not correct and it is also stated that the copies of the whatsapp messages have not been given to the petitioner.

3.The facts of the case are that the defacto complainant who is a lady had given a complaint that she was contacted by the petitioner through whatsapp and several messages which were threatening in nature had also been forwarded continously to the defacto complainant. It is further stated that all the messages have now been verified by the respondent.

4.A counter affidavit had been filed by the respondent wherein it had been stated that the mobile phone of the petitioner had been forwarded to the forensic examination and that the petitioner had also sent obscene and unparliamentary word messages in the whatsapp. https://www.mhc.tn.gov.in/judis

Crl.O.P.No.4939 of 2024 C.V.KARTHIKEYAN,J.

vkr 5.It is also stated that there are three previous cases against the petitioner including one under POCSO Act. It is further stated that the investigation is at very nascent stage.

6.Taking all the factors into consideration since further investigation will have to be done, this Court is not inclined to grant bail to the petitioner.

7.Hence, this Criminal Original Petition is dismissed. 8.It must also be stated that this order had been passed after perusing the nature of the whatsapp messages sent by the petitioner herein to the defacto complainant and the copies of which were forwarded by the learned Government Advocate. The copies have been returned back to the learned Government Advocate, since the investigation is not yet completed as on date and the petitioner is not entitled for the same.

19.03.2024 vkr Crl.O.P.No.4939 of 2024 https://www.mhc.tn.gov.in/judis