Dharun v. The State Rep By The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offences under Sections 354D, 506(i) of IPC r/w 67, 67 (A) IT Act in Crime No.37 of 2022 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that she is using a jio phone with number 8610758601, which is an android mobile and that she had an account in instagram and she used to upload her photos and videos. While so, on 25.07.2022, she received a message, where her face was morphed along with an obscene video and it was sent to her husband. When her husband had asked the unknown person to delete the video, he refused to do so. Thereby, the defacto complainant had given a complaint.

3. Learned counsel for the petitioner submitted that this is the second anticipatory bail application and the earlier application was dismissed on the ground that the petitioner has not come with clean hands. He further submitted that I.M.E.I code involved in this case is not belong

to him and hence, he prays for grant of anticipatory bail to the petitioner. 4.Per contra, the learned Government Advocate (crl.side) submitted that the phone used by the petitioner in the offence is with IMEI No.8637820505112330 and to divert the investigation, he has filed an affidavit, wherein, he has stated that he is ready to surrender with his mobile phone with IMEI No.863782050511228. He further submitted that from his gmail account only, the obscene videos were downloaded. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner. 5.Taking into account the nature of offence and there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

04.01.2023 vkr T.V.THAMILSELVI, J.

vkr

04.01.2023