A.Nithin Kumar v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN A.Nithin Kumar ... Petitioner(s) /Accused Vs.

State rep. by The Inspector of Police, CCD -1, Cyber Crime Police Station, Chennai - South.

... Respondent(s)/ Complainant Crime No.8 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with the case in Crime No.8 of 2025, pending investigation on the file of the respondent police. For petitioner(s) : Mr.S.A.Sayed Shuhaibb For Respondent(s) : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who Page No.1 of 8

was arrested and remanded to judicial custody on 28.03.2025, seeking bail in Crime No.8 of 2025 registered for the offences under Section 79 of BNS, 2023, Section 4 of TNPHW Act, 2002 and Sections 66C and 66D of the IT Act, 2008.

2. It is the case of the prosecution that the petitioner/accused created a fake Snapchat account and sent private photographs of the defacto complainant to her; and that the petitioner threatened her by demanding a nude video. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that petitioner is in custody from 28.03.2025 and that in any case, further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that that the Page No.2 of 8

petitioner has no bad antecedents.

5. Considering the nature of allegations, the fact that the petitioner has no bad antecedents, and since further custody of the petitioner is not required, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XI Metropolitan Magistrate, Saidapet, 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, everyday at 10.30 a.m., until further orders;

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[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. Page No.4 of 8

22.04.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.5 of 8

To

1. The Inspector of Police, CCD -1, Cyber Crime Police Station, Chennai - South.

2. The Public Prosecutor, Madras High Court, Chennai.

3. Learned XI Metropolitan Magistrate, Saidapet.

4. The Superintendent of Prison, Central Prison, Puzhal.

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SUNDER MOHAN, J.

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