Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/06/2021 PRESENT The Hon'ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.7143 of 2021 Manikandan ... Petitioner/Accused No.2 Vs The State Rep. by The Inspector of Police, East Police Station, Virudhunagar, Virudhunagar District.

Crime No.54/2021. ... Respondent/Complainant For Petitioner : Mr.K.Govindarajan for Mr.A.Balaji, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.54 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 18.03.2021 for the offence punishable under Sections 417, 448, 376, 354(C), 109, 506(ii) and 294(b) of IPC and Section 67 of the IT Act 2000 in crime No.54 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 12.03.2021, the defacto complainant received nude photo of his wife to his mobile phone through a mobile application, namely, Telegram and also the de-facto complainant had received another message threatening that unless Rs.20,00,000/- is paid, the photos will be circulated to all social medias, that the said photo was sent from mobile number, which is belonged to this petitioner/A2. When the de-facto complainant enquired about the nude photo, A1 had in touch with the wife of the de-facto complainant through Telegram mobile application. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the said photo was sent by A-1 through A-2's mobile number and the whats app chat also handed over to the respondent police. He would also submit that the petitioner is in judicial custody for more than 77 days, hence he may be granted bail.

4.The learned Government Advocate(Crl.Side) would submit that A-1 and A-2 are friends and they have demanded a sum of Rs.20,00,000/- from the de-facto complainant and the investigation is also completed and final report is yet to be filed before the concerned Court.

5.Considering the facts and circumstances of the case and also the fact that respondent police has completed investigation and final report is yet to be filed before the concerned Court and also the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.1,00,000/- (Rupees One lakh only) before the Jail Authority. The petitioner after his release shall surrender before the concerned Judicial Magistrate voluntarily on any working day within a period of one month from the date of resumption of regular work in the Subordinate Courts and execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Virudhunagar. i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity (ii) the petitioner is directed to deposit a sum of Rs.

1,000/- (Rupees One Thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.

iii)the petitioner shall report before the respondent police as and when required for interrogation.

iv)the petitioner shall not tamper with evidence or witness. v)the petitioner shall not abscond during trial. vi)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]. vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 03/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE No.II, VIRUDHUNAGAR.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

COPY TO:- THE OFFICER INCHARGE, GOVERNMENT OF TAMIL NADU, CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARTIAT, CHENNAI-9

ORDER

IN CRL OP(MD) No.7143 of 2021 Date :03/06/2021 SJI TE/VR/SAR-IV : 03/06/2021 : 3P/7C