Sanjai Vishwa @ Vishwa v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Sanjai Vishwa @ Vishwa ... Petitioner Vs.

The State Rep. By, The Inspector of Police, Nannilam All Women Police Station, Thiruvarur District.

Crime No.22 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.22 of 2025 on the file of the respondent police.

For Petitioner :

Mr.P.Muthamizh Selvakumar For Respondent :

Mr.S.Udayakumar, Government Advocate (Criminal Side) 1/6

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Section 3(a), 4 of POCSO Act r/w Section 67B of Information Technology Act r/w Section 351(2), 332(c) of BNS Act, 2023, in Crime No.22 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the de facto complainant's daughter, who was aged about 16 years, studied in the 12th standard and that A1 in this case developed a relationship with the victim girl and took advantage. A1 had forcefully taken nude photos and videos of the victim and had intercourse. Further, A1 gave the photos to A2 and A3 and thereafter, they also compelled her for the satisfy their sexual desires. Thereafter, the accused threatened the victim girl that the photos were sent to the grandfather's phone of the victim girl and that she got much panic and disclosed everything to the de facto complainant. Hence, the present complaint.

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3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. He further submitted that he is ready to cooperate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, submitted that there are totally five accused in this case and that the petitioner is ranked as A5. He further submitted that the victim and A1 had an affair with each other and subsequently, A1 forwarded her private video to A2 to A4 and also submitted that A1 to A4 already arrested. Insofar as the petitioner herein A5 is concerned, he sent the private video of the victim to the grandfather's mobile phone and threatened the de facto complainant for want of money. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the submissions made on both sides and the facts and circumstances of the case, and overt act of this petitioner who is ranked as A5, and arrested accused were released on bail, this Court is inclined to grant 3/6

anticipatory bail to the petitioner with certain conditions:

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Sessions Judge, Fast Track Mahila Court, Thiruvarur, on condition that the petitioner shall execute 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 Magistrate concerned and on further condition that:

[a] If the petitioner fails to surrender before the concerned Magistrate, within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] the sureties shall affix his 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;

[c] the petitioner shall report before the respondent police for a period of three weeks, and thereafter, as and when required for interrogation; 4/6

[d] 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];

[e] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 13.10.2025 cda To 1.The Sessions Judge, Fast Track Mahila Court, Thiruvarur. 2.The Inspector of Police, Nannilam All Women Police Station, Thiruvarur District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

cda 13.10.2025 6/6