Umaranjani v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.NIRMAL KUMAR CRIMINAL ORIGINAL PETITION No.12428 of 2022 UMARANJANI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, CCD - II, CYBER CRIME, COIMBATORE DISTRICT CRIME NO.20 OF 2022.
For Petitioner : M/S.J.THOMAS SARAN SINGH Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 19.04.2022 for the alleged offences under Sections 67A, 67B of IT Act r/w.Section 12 of POCSO Act, in Crime No.20 of 2022 on the file of the respondent police, seeks bail.
2. The contention of the petitioner is that the de facto complainant has some doubt with the petitioner's closeness with her husband. Thereafter, she sent some photographs of the petitioner to her husband which led to matrimonial discord in her family which was motivated to take revenge. The petitioner also created fake ID in the Face book by using her mobile and posted some obscene photographs of the defacto complainant, her husband and her daughter, for which she had been arrested.
3.The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner might have been the victim of circumstances but that does not give her any right to take revenge and
that too in such brutal manner, whereby the de facto complainant, her husband and her minor child lives have been projected in bad taste. The face book account has been verified, which led to the arrest of the petitioner. He further submitted that the substantial portion of the investigation is completed. The mobile phone of the petitioner has been seized.
4.Considering the above submission and also taking note of the fact that the petitioner has suffered her matrimonial life, this Court is inclined to enlarge the petitioner on bail subject to imposing certain conditions.
5. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Special Court for Exclusive trial of cases under POCSO Act, Coimbatore and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 a.m, until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 25/05/2022 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 SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, COIMBATORE.
2 THE INSPECTOR OF POLICE, CCD - II, CYBER CRIME, COIMBATORE DISTRICT 3 THE SUPERINTENDENT, WOMEN CENTRAL PRISON, COIMBATORE 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.J.THOMAS SARAN SINGH Advocate on payment of necessary charges SR.NO.7854 CRL OP.12428/2022 Date :25/05/2022 JPA 26/05/2022