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Madras High CourtCRL OP/21080/2025granted

S.Muniyapparaj v. The State Represented By,

2025-09-10Honourable Mrs.Justice T.V.Thamilselvi11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. S.Muniyapparaj S/o.Munusamy, 38 Mariyamman Kovil Street, Agarakorattai Village, Koothavedu, Thiruvannamalai, Tamil Nadu 604406.

Petitioner(s) Vs

1. The State Represented by, The Inspector of Police, CCD-II, Thiruvannamalai Cyber Crime Police Station, Thiruvannamalai. Crime No.31 of 2025 Dt.26.05.2025 Respondent(s) PRAYER To enlarge the Petitioner on bail in the event of their arrest in respect of Crime No.31 of 2025 on the file of the Inspector of Police,CCD-II, Thiruvannamalai Cyber Crime Police Station, Thiruvannamalai, pending investigation and thus

render justice.

For Petitioner(s):

R.Yash Rathi D.Prasanna Kumar K.Surendar S.Ajay M.Sirajudheen D.Ramesh For Respondent(s):

Public Prosecutor

ORDER

It is brought to the notice of this Court that there is typographical error in first para of the order dated 10.09.2025 and same may be replaced as follows:

1. The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 79 of BNS, 66C & 66D of Information Technology Act, 4 of TNPHW Act in Crime No.31 of 2025, on the file of the respondent Police, seeks anticipatory bail.

3. All other conditions imposed in the order dated 10.09.2025 shall remain intact except for the above said correction. This Court is inclined to grant further two weeks time to execute the sureties.

4. Registry is directed to carry out the necessary correction in the order dated 10.09.2025 and issue a fresh copy of the order to the learned counsel for the parties.

24-09-2025 Pbl

T.V.THAMILSELVI J.

CRL OP No. 21080 of 24-09-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.21080 of 2025 S.Muniyapparaj ... Petitioner Vs.

State Rep. by The Inspector of Police, CCD-II, Thiruvannamalai Cyber Crime Police Station, Tiruvannamalai District.

(Ref. Crime No.31 of 2025 dated 26.05.2025) ... 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.31 of 2025 on the file of the respondent police.

For Petitioner :

M/s.R.Yash Rathi For Respondent :

Mr.S.Udayakumar

Government Advocate (Criminal Side)

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 79 of BNS, 66C & 66D of Information Technology Act, 9 of TNPHW Act in Crime No.31 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that on 13.05.2025, while the brother of the de facto complainant was using Instagram at the residence of the de facto complainant, he came across a profile in the name of 'Item Number 2025', which contained the contained the contact details of the de facto complainant. Hence, the present complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The petitioner is ready and willing to abide by any conditions that may be imposed by this Court hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, reiterated the prosecution case and opposed the grant of anticipatory bail to the petitioner.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the nature of the complaint, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions that the petitioner shall not, in any manner, communicate with the de facto complainant or her family members.

7. 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 Judicial Magistrate-II, Tiruvannamalai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, in which one surety must be a blood surety 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 ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] 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; [c] the petitioner shall report before the respondent police on every Tuesday and Saturday at 10.30 a.m., for a period of eight weeks, and thereafter as and when required for interrogation;

[d] 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

10.09.2025 cda To 1.The Judicial Magistrate-II, Tiruvannamalai.

2.The Inspector of Police, CCD-II, Thiruvannamalai Cyber Crime Police Station, Tiruvannamalai District.

3.The Public Prosecutor,

High Court of Madras.

T.V.THAMILSELVI, J.

cda Crl.O.P.No.21080 of 2025

10.09.2025