T.Sathishkaran v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL T.Sathishkaran, S/o.Thirunavukarasu, 2/205, R.C.Koyil Street, Kattarimangalam Village, East Ambalacheri, Santhankulam, Thoothukudi District.
... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, All Women Police Station Tvl Junction Police Station, Tirunelveli, Crime No.08/2025.
... Respondent/Complainant For Petitioner : Mr.R.J.Karthick, Advocate.
For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.8 of 2025 on the file of the respondent-police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 19.02.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to 1/6
grant bail.
2. The petitioner/Accused was arrested and remanded to judicial custody on 25.01.2025 for the offences punishable under Sections 75, 79 and 351(2) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 67 of Information Technology Act, 2000, in Crime No.08 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that the petitioner forced the defacto complainant to appear undressed on a video call. The defacto complainant accepted and appeared on the video call, and the petitioner recorded the video and demanded Rs.25,000/- from the defacto complainant. When the defacto complainant failed to pay the amount, the petitioner uploaded the video on Instagram. Hence, the complaint.
4. Mr.R.J.Karthick, learned counsel appearing for the petitioner, submits that the petitioner has handed over his cell phone to the respondent-police. He further submits that this Court has already granted interim bail to the petitioner on 21.02.2025 and that the petitioner has been complying with the conditions imposed by this Court as per the interim bail order dated 21.02.2025, regularly and without any violation. Therefore, he prays for granting bail to the petitioner.
5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal 2/6
Side) appearing for the respondent-police, submits that the respondent-police have received the mobile phone from the petitioner and the same has been sent to the Forensic Laboratory Department for examination. He further submits that the report is awaited from the Forensic Laboratory, and therefore, at this stage, if bail is granted to the petitioner, the investigation would be hampered. Hence, he vehemently opposes the grant of bail to the petitioner.
6. Heard on both sides. This Court has perused the records.
7. The petitioner was arrested and remanded to judicial custody on 25.01.2025. In view of the fact that the mobile phone has been received by the respondent-police and the same has been sent for FSL examination, and also considering that interim bail was already granted to the petitioner and he has been regularly complying with the conditions, this Court is of the opinion that further custodial interrogation of the petitioner is not necessary for the Investigating Agency. Considering the same and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant an order of bail to the petitioner, however, subject to the following conditions:
(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned Judicial Magistrate 3/6
No.IV, Tirunelveli. The learned Judicial Magistrate shall accept the same sureties, if they are willing to stand as sureties;
(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate No.IV, Tirunelveli shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.IV, Tirunelveli; (iv) The petitioner shall appear and sign before the respondent-police daily at 10.30 a.m., until further orders;
(v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;
(vi) The petitioner shall not commit an offence similar to the offence of he is accused, or suspected, of the commission of which he is suspected; (vii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;
(viii) The petitioner shall not directly or indirectly cause any threat to the 4/6
defacto complainant and witnesses;
(ix) The petitioner shall not enter into the residence and workplace or college/school of the defacto complainant and shall also not try to contact the defacto complainant either directly or through any electronic mode; and (x) On breach of any of the aforementioned conditions, learned Judicial Magistrate No.IV, Tirunelveli is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 28/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
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3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION TVL JUNCTION POLICE STATION, TIRUNELVELI, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.3335 of 2025 Date :28/03/2025 SA/SAR. /28.03.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6