Shayeed @ Syed Kkaffar v. The State, Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26752 of 2025 Shayeed M @ Syed Kaffar S/o.Mohamed Hibram Kabeer ... Petitioner Vs The State Rep. By, The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

(Crime No.381 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent in Crime No.381 of 2025 on the file of the respondent police.

For Petitioner : Mr. Prabakaran.C For Respondent : M/s. J.R. Archana Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 66E, 67, 67(A) of Information Technology Act (Amendment Act), 2008 and Sections 77, 78, 79 and 351(4) of BNS Act, in Crime No.381 of 2025 on the file of the respondent Police, seeks anticipatory bail.

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2.

The case of the prosecution is that the petitioner herein was earlier having relationship with the victim girl; since she refused to continue the same, the petitioner sent her various disturbing images and continuously posted the images and the videos taken together in closed circumstances; hence unable to bear the harassment, the case has been lodged. 3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case, while having relationship with the victim in this case, he used to post the photos in various online platforms such as facebook, instagram, etc., and subsequently, after the victim has separated herself from the petitioner, he has not posted the same and is ready to co-operate for the investigation and that the petitioner is ready to abide by any conditions that may be imposed by this Court, hence sought for anticipatory bail to the petitioner. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioner reiterated the prosecution case and submitted that the petitioner was granted interim anticipatory bail and he has also appeared and he has not continued posting the pictures of the victim in online platforms and further, he handed 2/5

over the mobile phone to the respondent police and that the investigation of this case is pending.

5.

I have gone through the FIR and other records. Considering the submissions made, facts and circumstances of this case, nature of allegation, the fact that the petitioner had handed over the mobile phone to the respondent police and stated that the petitioner had already deleted the old photos of the victim from online platforms and since custodial interrogation of the petitioner herein is not necessary for the purpose of investigation at this point of time, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Nagapattinam, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each 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 fifteen days from 3/5

the date of receipt of 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 daily at 10.30.a.m., for a period of two 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. 30.01.2026 ssa 4/5

K. RAJASEKAR, J.

ssa To

1. The Judicial Magistrate, Nagapattinam.

2. The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

(Crime No.381 of 2025)

3. The Public Prosecutor, High Court of Madras.

Crl.O.P. No.26752 of 2025 30.01.2026 5/5