Sanjaikumar v. State Rep.By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33210 of 2025 Sanjaikumar Petitioner Vs The State Represented by The Inspector of Police, All Womens Police Station, Palladam, Tiruppur District.
Crime No.29 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.29 of 2025 on the file of the respondent police. For Petitioner:
M/s.G.Sujith For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 03.10.2025 for the alleged offence punishable under Section 77 of BNS & 66E of Information Technology Act, 2000, in Crime No.29 of 2025, on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that the petitioner, being a neighbour, videographed the victim while she was taking bath. The defacto complainant immediately noticed this and raised alarm, and the family members gathered. It is alleged that they went to the petitioner's house, recovered his cell phone, and found photographs of the victim. However, the petitioner snatched the cell phone from them and ran away from the spot. Hence, the complaint was lodged and the petitioner was arrested.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in
this case. He further submitted that the cell phone was recovered from the petitioner and that he is in judicial custody since 03.10.2025. Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the property was recovered; that the petitioner has no previous cases and that the investigation is still pending. Hence, 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 submissions made by the learned counsel on either side, the fact that the petitioner is in judicial custody from 03.10.2025, property was recovered and that the petitioner has no previous case, this Court is inclined to grant bail to the petitioner on certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Palladam, 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 report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or 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 B.N.S. 04.12.2025 drl
Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To 1.The Judicial Magistrate, Palladam.
2.The Inspector of Police, All Womens Police Station, Palladam, Tiruppur District.
3.The Superintendent, Central Prison, Coimbatore.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.33210 of 2025
04.12.2025