K.Vijayarajan v. The State Of Tamil Nadu, Rep. By, The Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.117 of 2025 K.Vijayarajan ... Petitioner Vs.
The State of Tamil Nadu Rep. by the Sub Inspector of Police Cyber Crime Police Station West Zone, Chennai 40 (Crime No.286 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.286 of 2024 on the file of the respondent Police. For Petitioner :
Mr.C.K.M.Appaji For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) For Intervenor :
Mr.M.Shreedhar
O R D E R
Petition seeking bail in respect of Crime No.286 of 2024 registered for the offences punishable under Sections 67 IT (Amendment) Act 2008, r/w.509, 1/6
354 (D) IPC @ Section 67 IT (Amendment) Act 2008 r/w.509, 354 (D) IPC and Section 4 of TNPHW Act, is on board for consideration. 2.The incarceration of the petitioner being from 18.11.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that due to a civil dispute existing between de facto complainant and the petitioner, a false complaint has been lodged against the petitioner. He also submits that the petitioner is no way connected with the alleged offences and he is ready to abide by any stringent condition that may be imposed by this court. 3.
The case of the prosecution, as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner and the de facto complainant are neighbours and the petitioner sent anonymous letters to the school, where the de facto complainant's wife is employed, tarnishing her character by falsely associating her with the PT Master. He further submits that the petitioner posted her mobile number on social media, defaming and harassing her.
4.Learned counsel appearing on behalf of the de facto complainant/intervenor, while vehemently opposing for grant of bail to the petitioner, submits that the petitioner has ruined the victim's life and that the 2/6
obscene content remains accessible on social media. When this Court inquired, the learned Government Advocate (Criminal Side) responded that the investigation is ongoing and that the offensive content has been blocked. 5.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing 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 XI Metropolitan Magistrate, Saidapet, 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 stay at Dharmapuri and report before the Inspector of Police, Dharmapuri Town Police Station, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or 3/6
witness either during investigation or trial; [e] 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. Consequently, connected Miscellaneous Petition is closed. 07.01.2025 sai 4/6
To 1.The XI Metropolitan Magistrate, Saidapet 2.The Sub Inspector of Police Cyber Crime Police Station West Zone, Chennai 40 3.The Inspector of Police Dharmapuri Town Police Station Dharmapuri.
4.The Superintendent, Central Prison, Puzhal 5.The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA, J.
sai and Crl.M.P.No.117 of 2025 07.01.2025 6/6