N.Mohammed Irshad Alias Sameer v. Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL N. Mohammed Irshad ... Petitioner Vs.

The Sub Inspector of Police, Jolarpet Police Station, Thirupattur District.

(Crime No. 539 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.539 of 2024 on the file of the respondent Police.

For Petitioner : Mr.C.D. Sugumar For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 19.08.2024, for the alleged offence punishable under Sections 76, 77, 308(2), 351(3), 64(2)(m) of BNS 66(5), 67(A) of Information Technology 1/6

Act, 2000 in Crime No.539 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner has developed contact with the defacto complainant through a mobile phone, disclosing his age as 20 years. It is further alleged that the petitioner had demanded photos of the defacto complainant, made morphed images of her and demanded money for not releasing the same in the social media. Hence the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He has not committed any offence as alleged in the FIR. He would further submit that the petitioner was arrested and is in judicial custody for more than 60 days and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner through on-line chat, developed a relationship with the defacto complainant, disclosing his age as 2/6

20 years, and he demanded photos and made morphed images of her and through, the petitioner demanded a sum of Rs.15,000/- from the defacto complainant to not release the same on social media. He further submitted that the petitioner has no previous case, pending against him. However, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the nature of offence, considering the relationship between the parties, considering the period of incarceration undergone by the petitioner, and the petitioner has no previous case, pending against him, and also considering all others factors, I am inclined to grant bail to the petitioner, subject to 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 No.I, at Thirupathur and on further conditions that:- 3/6

[a] the petitioner shall report before the respondent police, daily at 10.30 a.m., until further orders.

[b] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[c] 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;

[d] the Petitioner shall not abscond either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Judicial 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]; and 4/6

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

18.10.2024 drl To 1.The Judicial Magistrate No.I, Thirupathur

2. The Sub Inspector of Police, Jolarpet Police Station, Thirupattur District.

3.The Superintendent, Sub Jail Thirupathur 4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

drl 18.10.2024 6/6