Muthu @ Muthalagu @ Muthamizhan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6415 of 2022 MUTHU @ MUTHALAGU @ MUTHAMIZHAN [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] THIRUVENNAINALLUR POLICE STATION, THIRUVENNAINALLUR.

CRIME NO.111 OF 2022.

For Petitioner : M/S.T.GNANA BANU Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 354(A) r/w. 67(A) of IT Act and 4 of TNWH Act in Crime No.111 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein is a well known person, by taking it as an advantage, took the photos of the defacto complainant without her knowledge from her cell phone. Then he started blackmailing her that he would leak her morphing photos in the social network and also demanded money. On 01.12.2021 the defacto complainant gave Rs.80,000/- without her husband's knowledge and later when he demanded for Rs.1,00,000/- she refused to pay the same. Hence he leaked the defacto complainant's photos in the social network which came to the knowledge of her husband and then the petitioner herein had started blackmailing both of them for money. Hence a complaint has been lodged.

3. Considering the facts and circumstances, this Court is inclined to grant the anticipatory bail to the petitioner with certain conditions and violation of any one of the condition will lead to cancellation of bail.

4. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Magalir Neethi Mandaram (Fast Track Mahila Court), Villupuram on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only), with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c) the petitioner shall hand over his mobile phone for investigation and report before the respondent police daily at 10.30 a.m., until further orders;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned 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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 29/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE MAGALIR NEETHI MANDRAM (FAST TRACK MAHILA COURT), VILLUPURAM.

2 THE INSPECTOR OF POLICE THIRUVENNAINALLUR POLICE STATION, THIRUVENNAINALLUR.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.T.GNANA BANU Advocate on payment of necessary charges SR.NO. 4766 CRL OP.6415/2022 Date :29/03/2022 RW 31/03/2022