Esakkimuthu v. State Of Tamilnadu Rep By Inspector Of Police, Manur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Esakkimuthu ... Petitioners/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Manur Police Station, Tirunelveli District.

Crime No. 128 of 2026. ... Respondents/Complainants For Petitioner : Mr.P.Veerapandi For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 128 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 21.01.2026 for the offences punishable under Sections 296(b), 77, 318(2), 351(3) of BNS, and Section 4 of TNPHW Act and 67 of IT (Amendment) Act, in Crime No.128 of 2026 on the file of the respondent police, seeks bail.

2. The prosecution case is that the petitioner and the defacto complainant were in a relationship and had taken photographs together. By showing those photographs, the petitioner allegedly had a physical relationship with her on several occasions. The petitioner is a married man with two children. Subsequently, the parents of the defacto complainant arranged her marriage with another person on 21.01.2026. The petitioner is alleged to have threatened the defacto complainant and her parents that he would upload her photographs on social media if the marriage was not stopped. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences 2/6

as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 21.01.2026. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner is alleged to have threatened the defacto complainant and her parents that he would upload her photographs on social media. Therefore, he opposed for grant of bail to the petitioner.

5. According to the petitioner, an earlier complaint lodged by the defacto complainant was quashed based on a compromise between the parties. It is seen that the defacto complainant has again preferred the present complaint. However, the prosecution submitted that the petitioner's mobile phone has been seized. Considering the above facts and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on 3/6

executing 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 learned Judicial Magistrate Additional Mahile Judge, Tirunelveli, and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. The petitioner shall not intimidate or threaten the defacto complainant.

[c] the petitioner shall not tamper with the 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 4/6

petitioner is 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 BNS.

(S S Y J) 24.02.2026 jbr TO

1. The Judicial Magistrate Additional Mahile Court, Tirunelveli.

2. The Superintendent, Central Jail, Palayamkottai.

3. The Inspector of Police, Manur Police Station, Tirunelveli District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.2448 of 2026 Date : 24/02/2026 6/6