Madras High CourtCRL OP(MD)/1414/2025allowed

K.Yogesh v. The State Of Tamilnadu

2025-01-29Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] Date : 29.01.2025 PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH K.Yogesh ... Petitioner/Accused Rank Not Known Vs The State of Tamil Nadu represented by The Inspector of Police, Namana Samuthiram Police Station, Pudukottai District.

(Crime No.61 of 2024) ... Respondent/Complainant For Petitioner : Mr.B.Char Murugan, Advocate for M/S.Char Murugan Associates For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. 1/5

PRAYER :- For Anticipatory Bail in Crime No.61 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 354, 509, 502, 506(1), 499 of IPC and Sections 66E, 71 of Information Technology Act, in Crime No.61 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that A1 and A2 had taken some obscene videos of the de facto complainant's daughter and intimidated her, stating that they will send it to the group of the de facto complainant's daughter and the marriage broker. There are 3 accused persons in this case. The petitioner has been arrayed as A3. The allegation against the petitioner is that the sim card, which was used in the mobile phone, stood in the name of the petitioner.

3. Heard the learned counsel on either side and perused the material records of the case.

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4. Taking into consideration the facts and circumstances of the case and considering the fact that this Court has already granted anticipatory bail to A1 in Crl.O.P.(MD) No.10622 of 2024 by an order dated 19.07.2024 and A2 in Crl.O.P.(MD) No.22307 of 2024 by an order dated 03.01.2025 and also considering the fact that the petitioner has been arrayed as an accused only based on the fact that the sim card stood in his name and there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thirumayam, on condition that the petitioner shall execute a 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and 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. 3/5

[b] the petitioner shall appear before the respondent police as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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 BNS, 2023.

sd/- 29/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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JEN TO 1 THE JUDICIAL MAGISTRATE THIRUMAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, NAMANA SAMUTHIRAM POLICE STATION, PUDUKOTTAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.CHAR MURUGAN LAW ASSOCIATES, Advocate ( SR-1141[I] dated 30/01/2025 )

ORDER

IN CRL OP(MD) No.1414 of 2025 Date :29/01/2025 SS/SKN/SAR- /14/02/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5