Sanjayraj v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.11440 of 2025 Sanjayraj .. Petitioner Vs.
The State rep by The Inspector of Police, Sathuvachari Police Station, Vellore District.
(Crime No.93 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.93 of 2025 on the file of the respondent Police. For Petitioner : M/s.M.Raja For Respondent : Mr.S.Balaji Government Advocate(Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 67A of the Information Technology Act, 2000 in Crime No.93 of 2025, seeks anticipatory bail. Page No.1 of 6
2.
The case of the prosecution is that the petitioner and the defacto complainant belong to the same village; that the petitioner had morphed the pictures of the defacto complainant and uploaded them in Instagram account.
3.
The learned counsel appearing for the petitioner submitted that the allegations are false; and in any case, the mobile phones of the petitioner have been seized by the respondent and the alleged posts have been removed by the petitioner. He would further submit that the petitioner is a law abiding citizen and ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for anticipatory bail to the petitioner.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent police, reiterated the prosecution case and confirmed the fact that the mobile phones had been seized from the petitioner and the alleged posts have been removed from the social media. Page No.2 of 6
5.
Considering the aforesaid facts, this Court is of the view that, custodial interrogation of the petitioner is not required for the purpose of investigation and is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.
Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Judicial Magistrate No.V, Vellore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and 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 Page No.3 of 6
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 269 BNS.
17.04.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6
To 1.The Inspector of Police, Sathuvachari Police Station, Vellore District.
2.The Judicial Magistrate No.V, Vellore 3.The Public Prosecutor, Madras High Court, Chennai.
SUNDER MOHAN , J.
Page No.5 of 6
dpa Crl.O.P.No.11440 of 2025 17.04.2025 Page No.6 of 6