M.Subbiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN M.Subbiah ... Petitioner/Sole Accused Vs The State Rep.by The Inspector of Police, All Women Police Station, Palani, Dindigul District.

Crime No.3 of 2022..

... Respondent/Complainant For Petitioner : M/s.Gangai Amaran C, Advocate.

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

PRAYER :- For Bail in Crime No.3 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 14.07.2022 for the alleged offence under Section 67(B)(b) of Information Technology (Amendment) Act, 2008, in Crime No.3 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is the Sub Inspector of Police, AWPS, Palani, lodged a complaint stating that during the routine surveillance of internet, they found that the petitioner, frequently released the obscene phonographic pictures in his face book id namely, Subbiah Muthukaruppan. On the basis of the information from the national Information Centre, she lodged the complaint against the accused and he was arrested and 1/3

remanded to judicial custody on 14.07.2022. Ever since, he is in custody.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that considering the duration of custody, bail application may be considered.

4.The learned Government Advocate (Crl.Side) would submit that investigation is still going on and preliminary investigation shows that he is having the habit of sending child phonographic pictures to the various persons. Considering the seriousness of allegation, bail application that was filed by the petitioner before the Principal Sessions Judge, Palani, was also dismissed. 5.In view of the above, the petitioner is not entitled for bail at this stage. Accordingly, this Criminal Original Petition is dismissed.

sd/- 10/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 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 Court, Palani, Dindigul District.

2. Do-Through The Chief Judicial Magistrate, Dindugal District.

3. The Officer -Incharge, Sub Jail, Palani.

4. The Inspector of Police, All Women Police Station, Palani, Dindigul District.

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

ORDER

IN CRL OP(MD) No.14361 of 2022 Date :10/08/2022 RD/PN/SAR-II(22/08/2022) 3P 6C 3/3