Salai Nayagan.A v. The State Rep. By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2025
CORAM
THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Salai Nayagan S/o. Arunmozhi Tiruvalluvar ......Petitioner/Accused Vs.
The State represented byThe Inspector of Police, All Women Police Station, Sankar Nagar, Chennai.
(Crime No.14 of 2025) .....Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.14 of 2025 pending investigation on the file the respondent police.
For Petitioner : Mr. Sundaravadanam.T. For Respondent : M/s.A.Gopinath Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 1/7
351(2) of B.N.S. and Section 67 of Information Technology Act in Crime No.14 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that there was an illegal affair between the petitioner and the defacto complainant; that when the petitioner was staying in Mexico, along with his wife, both the petitioner and defacto complainant used to chat in mobile phone; that thereafter, the defacto complainant got married with another person and hence the petitioner uploaded the mobile conversations and pictures of the defacto complainant in the social media. Hence, the case.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would also submit that he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioner. 2/7
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the case of the prosecution and submitted that the petitioner uploaded the obscene pictures of the defacto complainant in the social media and hence opposed for the grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Taking note of the facts and circumstances of the case, nature of allegations against the petitioner, submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif-cum-Judicial Magistrate, 3/7
Pallavaram 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 learned Magistrate concerned and on further condition that:
[a] the petitioner is directed to file an affidavit before the Magistrate concerned that he will not upload the obscene pictures of the defacto complainant and after taking into consideration the affidavit filed before the Magistrate, sureties shall be entertained;
[b] 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;
[c] the petitioner shall report before the concerned Magistrate/Judge daily at 10.30 a.m on every Monday to Friday and appear before the respondent police at 10.30 a.m on every Saturday and Sunday until further orders;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during 4/7
investigation or trial.
[f] 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023. 22.05.2025 mjs Note:-
1. Registry is directed to forthwith upload this order in 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.
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N.SENTHILKUMAR ,J.
mjs To 1.The District Munsif-cum-Judicial Magistrate, Pallavaram.
2. The Inspector of Police, All Women Police Station, Sankar Nagar, Chennai.
3. The Public Prosecutor, High Court of Madras.
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