A.Arul Prakash v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI A.Arulprakash, S/o.Arumugam, Meppoothakudi & Post, Viralimalai Taluk, Pudukottai District.

..Petitioner/ Accused Vs The State of Tamil Nadu, Rep.by The Inspector of Police, CCD-III Police Station, Pudukottai.

(Crime No.7 of 2025) .. Respondent/Complainant For Petitioner : M/s.S.Sekar Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.7 of 2025 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 12.05.2025 for the offences punishable under Sections 75 of BNS and Sections 66D and 67A of Information Technology Act in Crime No.7 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 01.12.2024, the petitioner had sent obscene message and picture through his mobile number to the Defacto-complainant and also he created a fake Instagram ID in the name of the Defacto-complainant and putting their photos. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner and the defacto-complainant were fell in love and due to the intervention of the elders, both were separated. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and wiling to abide by any conditions imposed by this Court. He would further submit that the petitioner is in custody from 12.05.2025 nearly 30 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the 2/6

petitioner running a mobile service centre, he sent obscene message and picture to the defacto-complainant by using three mobile numbers and he created a fake Instagram ID in the name of the Defacto-complainant and posted photos. The respondent police have recovered the mobile phones. There is no previous case against the petitioner. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and considering the fact that the mobile phones are seized by the respondent police and also taking note of the fact that the petitioner/accused remanded into judicial custody on 12.05.2025, taking into consideration of the period of incarceration. This court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of Judicial Magistrate No.II, Pudukottai and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass 3/6

Book to ensure their identity.

[b] The petitioner shall furnish his residential address and mobile number to the Judicial Magistrate No.II, Pudukottai. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.II, Pudukottai; [c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m. until further orders.

[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 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 4/6

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 BNS.

sd/- 04/06/2025 / TRUE COPY / 04 /06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO

1. THE JUDICIAL MAGISTRATE NO.II, PUDUKOTTAI.

2. THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI.

3. THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI.

4. THE INSPECTOR OF POLICE, CCD-III POLICE STATION, PUDUKOTTAI.

(CRIME NO.7 OF 2025) 5/6

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

ORDER

IN CRL OP(MD) No.9258 of 2025 Date :04/06/2025 PR/04.06 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6