Yuvansam v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-07-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR YUVANSAM Petitioner(s) Vs The State Rep by, The Inspector of Police, Kilambakkam Police Station, Chengalpattu District. Cr.No.117/2025.
Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in connection with the Cr.No.117/2025 on the file of the respondent. For Petitioner(s):
Mr.V.Arul For Respondent(s):
Mr.R.Vinothraja Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 17.06.2025, for the offence punishable under Sections 75(2), 77, 78(2), 79, 351(2) of BNS Act r/w 67, 67(A) of IT Act, in connection with Crime No.117 of 2025, registered on the file of the respondent, seeks bail. 2.The case of the prosecution is that, the petitioner got acquainted with the defacto complainant through Instagram and he had taken photograph of their intimacy without the knowledge of the victim. Thereafter the petitioner send the photographs to his friends, and that his friends contacted the defacto complainant and seeking same kind of relationship. More over, the accused have threatened her as if they have spread the above photos in the social media, if she refused to do so. Hence, the case.
3.The learned counsel appearing for the petitioner would submitted that the petitioner is the college student, he has not committed any offence, the other accused alone contacted the defacto complainant and insisted her for
relationship. He would further submit that the petitioner is ready to abide by any stringent conditions to be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner had developed the acquaintance with the defacto complainant into intimacy and taken their intimacy as photographs. Moreover, he only forwarded the photographs to his friends. He would further submit that all the electronic devices have been seized and it is confirmed that the photographs and the pictures had not been shared any social media.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side, this Court is inclined to grant bail to the petitioner with 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 Judicial Magistrate Court No.I, Tambaram, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;
[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for further interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the
directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
03-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 the official website of this Court will be watermarked and will also have a QR code.
To 1.The State Rep by, The Inspector of Police, Kilambakkam Police Station, Chengalpattu District. Cr.No.117/2025.
2.The Judicial Magistrate Court No.1, Tambaram.
3. The Superintendent, Central Prison, Puzhal.
4. The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR J.
gbi CRL OP No. 18812 of 03-07-2025