R.Yosuwa v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI R.Yosuwa, ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Thanjavur Cyber Crime Police Station, Thanjavur District.

(Crime No. 20 of 2023.) ... Respondent/Complainant For Petitioner :

Mr.Jeyamohan K, Advocate For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 20 of 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in 1/5

connection with a case in Crime No.20 of 2023, for the offence punishable under Section 354 D IPC r/w Section 66 D and 67 A of Information Technology (Amendment Act), 2008, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the defacto complainant and the petitioner are husband and wife. However, now they are living separately and due to previous enmity, the petitioner has created a fake g-mail I'd and sent obscene videos of the defacto complainant to her second husband. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is the husband of the defacto complainant. He filed an application seeking divorce and the same was dismissed by the trial Court. The petitioner is working in Indian Army at Sikim. The petitioner has also handed over his mobile phone to the investigation agency and he is ready to co-operate with the investigation agency. Apart from this, the petitioner has also filed an affidavit stating that he will not disturb the defacto complainant and her family members in any manner, which has also been attested by his superior officer. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that no previous case is pending against the petitioner.

5. Considering the facts and circumstances of the case and also considering the 2/5

antecedent of the petitioner and also considering the affidavit filed by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of his arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thanjavur District.

(ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address and the petitioner has to file another affidavit stating that he will not disturb the defacto complainant and her family members in any manner, before the respondent police Station.

(iii) The petitioner shall appear before the respondent police as and when required for interrogation. He has to co-operate for the investigation.

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(iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses.

(v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 14/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR To 1.The Judicial Magistrate No.I, Thanjavur District.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Thanjavur Cyber Crime Police Station, Thanjavur District.

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

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+1 CC to M/s.K.JEYAMOHAN, Advocate ( SR-6674[I] dated 19/06/2024 )

ORDER

IN CRL OP(MD) No.5942 of 2024 Date :14/06/2024 ED/ JGB /SAR- (21/06/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5