Malik v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Malik ... Petitioner/Sole Accused Vs

1. The State of Tamil Nadu Rep By, The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

Cr.No.73 of 2025.

... Respondent/Complainant PRAYER :- For Anticipatory Bail in Cr.No.73 of 2025 on the file of the respondent police.

For Petitioner : Mr.SMA.Jinnah, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 318(2), 75(2) and 351(3) of BNS, 2023, and 66 (E) & 67(A) Information Technology Act, 2000, in Crime No.73 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 19.02.2025, at about 08.00 p.m, the accused is said to have went to the house of the defacto complainant and threatened her by showing her private photos and also demanded a sum of Rs.1 lakh or else he would release the private photos in the social media. Hence, this petition.

3. The learned counsel for the petitioners would submit that the petitioner is an innocent and has was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that there is a dispute between the petitioner and the defacto complainant with regard to money transaction and no previous case is pending against the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) would submit that the petitioner is working in abroad along with the father of the defacto complainant. The defacto complainant's family used to receive money and other articles sent by the father of the complainant through this petitioner. In such circumstances, the petitioner went to the house of the complainant and uploaded the private photos of the complainant from her phone without her knowledge and thereafter, threatened her and demanded money from her. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and there is a dispute between the parties in respect of money transaction and no previous case is pending against the petitioner and FIR has been registered on 21.02.2025 and the petitioner is in abroad and even as per FIR, no photos have been uploaded, I am inclined to grant anticipatory bail to the petitioner, subject 3/6

to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 learned Judicial Magistrate, Nanguneri, Tirunelveli District, and on further conditions that:

[b] the petitioner shall report before the respondent police, every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation.

[c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take 4/6

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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

01.04.2026 dss To 1.The Judicial Magistrate, Nanguneri, Tirunelveli District.

2.The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

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

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P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.4108 of 2026 Date : 09/04/2026 6/6