Madumitha v. The State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2025

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24556 of 2025 Madumitha ... Petitioner Vs.

The State represented by, The Inspector of Police, Kilampakkam Police Station, Tambaram, Chennai.

(Crime No.172 of 2025) ... Respondent PRAYER: PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in Crime No.172 of 2025 on the file of the Respondent police.

For petitioner :

Mr.S.Dilli Ganesh For Respondent :

Mr.S.Udaya Kumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 75(2), 77, 79, 78(2), 351(2) of BNS r/w 67, 67A of Information Technology Act, 2008 INF C, on the file of the respondent police seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner is alleged to have sent an obscene videos and intimate photos of the defacto complainant and his wife together via Whatsapp to his wife mobile phone. The petitioner has threatened the defacto complainant's wife by stating that she will post those videos on the internet. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally two accused in this case and the petitioner along with other accused had threatened the defacto complainant and his wife by stating that they will post the obscene videos of them in the social media and also demanded money from them. He further submitted that A1 was arrested and he is still in custody. Therefore, he vehemently opposed for grant of anticipatory bail to the petitioner. 2/6

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel on either side and also taking note of the fact that the first accused was arrested and he is still in custody and the petitioner is ready to abide by any condition imposed by this court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on her executing a separate 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.1, Tambaram, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall surrender her mobile phone to the respondent police;

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[c] the petitioner shall report before the respondent Police on every Tuesday at 10.30a.m. for a period eight weeks and thereafter, as and when required for interrogation and to cooperate for the same; [d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial; [f] 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];

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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To

1. The Judicial Magistrate No.1, Tambaram

2. The Inspector of Police, Kilampakkam Police Station, Tambaram, Chennai.

3. The Public Prosecutor, High Court of Madras.

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T.V.THAMILSELVI,J.

gv Crl.O.P.No.24556 of 2025 12.09.2025 6/6