Kirutheeswaran v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :21.05.2025
CORAM
THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Kirutheeswaran ... Petitioner Vs.
The State represented by, The Inspector of Police, Cyber Crime Police Station, East Zone, Chennai.
(Crime No.13 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.13 of 2025 on the file of the respondent Police.
For Petitioner : Mr.R.Ganesan For Respondent : Mr.V.J.Priyadarsana Government Advocate (Crl.Side) 1/6
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 28.04.2025, for the alleged offence punishable under Sections 79 of BNS and Section 67(A) IT (Amendment) Act, 2008, in Crime No.13 of 2025, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner and the defacto complainant were studying in the same College and that the petitioner had sent obscene photographs to the defacto complainant and threatened her. Hence, the complaint.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and is in judicial custody from 28.04.2025 and he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the 2/6
respondent police vehemently opposed for grant of bail to the petitioner stating that the petitioner had sent obscene photographs to the defacto complainant through two Instagram IDs and submitted that such kind of activities cannot be entertained and thus opposed for grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioner, and also considering all others factors, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
7. 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 learned XI Metropolitan Magistrate, Saidapet and on further conditions that:- [a] the sureties shall affix their photographs and 3/6
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 concerned Judicial Magistrate on every Monday to Friday at 10.30.a.m., and before the respondent police on every Saturday and Sunday at 10.30.a.m., until further orders;
[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. 21.05.2025 Sma Note:-
1. Registry is directed to forthwith upload this order in 4/6
the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
To 1.XI Metropolitan Magistrate, Saidapet.
2. The Inspector of Police, Cyber Crime Police Station, East Zone, Chennai.
3.The Superintendent, Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras.
N.SENTHILKUMAR, J.
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Sma 21.05.2025 6/6