Vasanthakumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Vasanthakumar

...Petitioner/Sole Accused

Vs.

The Inspector of Police, D-6 Anna Square Police Station Chennai - 600 005.

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail pertaining to Crime No. 135 of 2024 on the file of the respondent police.

*** For Petitioner : Mr. G.V.Sridharan For Respondent : Mr.S.Vinothkumar Government Advocate (Crl. Side)

O R D E R

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The petitioner, who was arrested on 06.09.2024 and remanded to judicial custody on 06.09.2024 for the offences under Sections 79, 351(2) of BNS and under Section 4 of Tamil Nadu Women Harassment Act, 1998 in Crime No.135 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to love affair, there is a conflict between the petitioner and the other classmate of his college. The dispute was in Whatsapp group of college between the petitioner and the friends of his girlfriend. One day, the said friend was removed from the college Whatsapp group, due to that the petitioner makes objectionable messages in that group which causes controversy between them. Hence, the case.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case and he is a law-abiding citizen and he is ready to furnish substantial sureties for his due release on bail; therefore, he prays for the grant of bail to the 2/6

petitioner.

4. Learned Government Advocate (Crl.Side) submitted that the cell phone has been recovered and that, there is no previous case as against the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made on both sides and considering the fact that the cell phone has been recovered and the fact that there is no previous case pending against the petitioner and also taking into consideration the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions:

[a]. 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 court of II Metropolitan Magistrate, Egmore, and on further conditions that: [b] the petitioner shall report before the respondent police 3/6

daily at 10.30 a.m., for 30 days.

[c] The petitioner shall attend in accordance with the conditions of the bond;

[d] The petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[e] The petitioner shall not abscond either during investigation or trial;

[f] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with evidence;

[g] on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the 4/6

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]; and [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the BNS.

19.09.2024 vsg To

1. II Metropolitan Magistrate, Egmore, Chennai. Chennai 2.Central Prison, Puzhal, Chennai.

3.The Inspector of Police, D-6 Anna Square Police Station Chennai - 600 005.

P.DHANABAL, J.

vsg 5/6

4.The Public Prosecutor, High Court of Madras.

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