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Madras High CourtCRL OP(MD)/8539/2022granted

Povas v. The Inspector Of Police

2022-05-05Honourable Mr Justice M.S. Ramesh2 pages

CRL OP(MD). No.8539 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD). No.8539 of 2022

1. Povas

2. Neelampari ... Petitioners/Accused No.1 & 2 Vs The State Rep. By, The Inspector of Police, Cyber Crime Police Station, Virudhunagar.

(Crime No.13 of 2022). ... Respondent/Complainant For Petitioners : M/s. Pon Karthikeyan.R., Advocate.

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

PRAYER :- For Bail in Crime No.13 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/accused Nos.1 and 2, who were arrested and remanded to judicial custody on 01.04.2022 for the offences punishable under Sections 420, 465, 384 of IPC and Section 67 of the Information Technology (Amendment Act), 2008 in Crime No.13 of 2022, on the file of the respondent police, seek bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.The petitioners herein are the husband and wife, who have been implicated for the aforesaid offences. It is a case of extortion, wherein the petitioners are alleged to have extorted a sum of Rs.86,510/- from the defacto complainant by threatening that they would upload the obscene pictures.

4.It is also stated that the amount of Rs.86,510/- has been recovered from them.

5.In the light of these developments, this Court is inclined to grant bail to the petitioners.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.8539 of 2022 6.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, 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 cards or Bank Pass Books to ensure their identity;

(ii)the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one (1) month and thereafter, as and when required for interrogation;

(iii)the petitioners shall not tamper with evidence or witness; (iv)the petitioners shall not abscond during trial; (v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. sd/- 05/05/2022 / TRUE COPY / 05/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR.

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

3. THE INSPECTOR OF POLICE, CYBER CRIME POLICE STATION, VIRUDHUNAGAR.

4. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

5. THE OFFICER-INCHARGE, CENTRAL PRISON FOR WOMEN, MADURAI.

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

+1 CC to M/s.R.PON KARTHIKEYAN, Advocate ( SR-4310[I] dated 05/05/2022 )

ORDER

IN CRL OP(MD) No.8539 of 2022 Date :05/05/2022 myr/sm USK/JM/SAR-III/05.05.2022/2P/8C https://hcservices.ecourts.gov.in/hcservices/ 2/2