Vijayaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.11340 of 2021 Vijayaraj ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Colachel Police Station, Kanniyakumari District.

(Crime No. 287 of 2020).

... Respondent/Complainant For Petitioner : M/s. Navaneetharaja.K, Advocate. For Respondent : M/s.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 287 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 507, 509 of IPC and Section 67 of the Information Technology Act 2000 and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act 2002 in Crime No.287 of 2020, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner had sent obscene videos to the de-facto complainant's daughter. Hence, the complaint.

3.The learned counsel for the petitioner submits that the petitioner and the defacto complainant's daughter fell in love with each other and they had telephonic conversation for hours together. On noticing the same, the defacto complainant has lodged a false https://hcservices.ecourts.gov.in/hcservices/

complaint as against the petitioner. Hence, he prayed for grant of anticipatory bail.

4.The learned Government Advocate (Crl. Side) for the respondent submits that the de-facto complainant's husband is working as a cook and when he went for work and by taking advantage of the same, the petitioner is said to have called the de-facto complainant's daughter often through her Whatsapp number and has also passed an obscene message to her Whatsapp number. Based on the complaint, the respondent police has also collected call details, which shows that the petitioner had frequently called the de-facto complainant's daughter.

5.Since a prima facie case is made out as against this petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed.

Sd/- 27/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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 Inspector of Police, Colachel Police Station, Kanniyakumari District.

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

ORDER

IN CRL OP(MD) No.11340 of 2021 Date :27/08/2021 https://hcservices.ecourts.gov.in/hcservices/ SP/JM/SAR III/07/09/2021/2P/3C