Mohan Kumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.13072 of 2021 Mohan Kumar ... Petitioner Vs.

State rep. By ... Respondent The Inspector of Police, Cyber Crime Thiruvarur Police Station, Thiruvarur District.

Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail in Crime No.2 of 2021 pending investigation on the file of the respondent.

For Petitioner : Mr.E.Kannadasan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 04.07.2021 for the offence under Sections 66D, 67, 67A of Information Technology Act and 509 of I.P.C. in Crime No.2 of 2021 on the file of the respondent police, seeks bail. 2.It is the case of the prosecution that the petitioner is alleged to have created Whatsapp account using fake Identity and sent obscene messages.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that the offence is said to have been committed in the year 2020, however, the case was registered only in the year 2021.

4.The learned Government Advocate (Criminal Side) submitted that investigation is pending.

5.Considering the facts and circumstances of the case and period of incarceration suffered by the petitioner, I am inclined to grant bail to the petitioner.

6.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, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned J.M.No.I, Mannarkudi and on further condition 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 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 28/07/2021 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 LEARNED JUDICIAL MAGISTRATE NO.I, MANNARKUDI.

2 THE INSPECTOR OF POLICE, CYBER CRIME THIRUVARUR POLICE STATION, THIRUVARUR DISTRICT.

3 THE OFFICER INCHARGE DISTRICT JAIL, NAGAPATTINAM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.E.KANNADASAN Advocate on payment of necessary charges SR.No.7839 CRL OP.13072/2021 Date :28/07/2021 CSK 29/07/2021