D.Manikanda v. State Rep Bythe
Crl.O.P.No. 16345 of 2022 G.K.ILANTHIRAIYAN, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 354(D) of IPC r/w. Section 67 of Information Technology Act in Crime No.70 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant is a married women, had a love affair with A1. Even, after the marriage, she continued the same with A1. According to her, the petitioner had hake the mobile phone of A1 and came in possession of her nude videos and photographs. After that, A3 called the defacto complainant asked money to her and threatened that he would release the same to the social media. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is friend of A2. A2 is working under A1. A1 had illegal intimacy with the defacto complainant. As she had a love affair with A1, she had sent her nude videos and photos to A1 and the same was leaked to the social media. He would further submit that the petitioner had friendship with A2, otherwise there is no specific overtact as against the petitioner and a false case has been foisted against the petitioner and he has not committed any
offence as alleged by the prosecution and he is no way connected with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that there are totally three accused, in which the petitioner is arrayed as A3, who is a friend of A2. A1 and the defacto complainant had video chat and during the video chat the defacto complainant was in half nude. The petitioner had some how managed to take possession of the video chat from the mobile of A1 and then forwarded the same to the other accused persons.
5. Taking into consideration all the above facts and circumstances of the case and since the petitioner has committed very serious and heinous offence as against the victim, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. 25.07.2022 Lpp
G.K.ILANTHIRAIYAN, J.
Lpp Crl.O.P.No. 16345 of 2022 25.07.2022