Baskaran v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Dindigul

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI and CRL MP(MD). No.9284 of 2025 G.Baskaran, S/o.Gurusamy ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Sub-Inspector of Police, Dindigul CCD-III Police Station.

(Crime No.27 of 2025) ... Respondent/Complainant For Petitioner : Mr.C.Vakeeswaran, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) For Intervenor : Mr.K.Muthu Ganesa Pandian, Advocate 1/7

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.27 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 79 of BNS, 2023 r/w. Section 4 of TNPHW Act r/w. Section 67 of IT Act in Crime No.27 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused and the de-facto complainant are Government servants working in the Tamil Nadu Electricity Board. On 14.05.2025, the accused allegedly sent an email to the Electricity Board Division Office, Batlakundu, Sub-Division Office, etc., using obscene language referring to the de-facto complainant and one Mahalakshmi. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is employed as a Junior Engineer in the Tamil Nadu Electricity Board at the Sub-Station, Ayyampalayam, Dindigul District, from 30.11.2024 till date. However, as per the FIR, the email was only sent from the office of the Executive 2/7

Engineer, TNEB, Batlakundu Division, Kattakamanpatti, Dindigul District. He submitted that the alleged email ID does not belong to the petitioner and is used exclusively by the employees working in the Batlakundu Division. At the time of the alleged occurrence, the petitioner was travelling on his two-wheeler, and CCTV footage showing the petitioner riding the vehicle at the relevant time has been enclosed. He further submitted that the petitioner is an innocent person and is in no way connected with the alleged occurrence as stated by the prosecution. However, he submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned counsel for the intervenor submitted that the petitioner is a habitual offender and is used to harass and abuse female employees working in the Electricity Board. He further submitted that though the email ID is official, the petitioner could access it, as there is no secure password required. Hence, it is evident that the email was sent by the petitioner. If the petitioner is granted anticipatory bail, some stringent conditions may be imposed on him. However, he strongly opposed to grant anticipatory bail to the petitioner. 3/7

5. The learned Government Advocate (Criminal Side) submitted that the petitioner is the sole accused in this case. He allegedly sent an email containing obscene remarks about the de-facto complainant to various officials. He further submitted that there are no previous cases registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

6. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that the date of occurrence is 14.05.2025, but the FIR came to be lodged only on 13.06.2025, and that as the evidences are based on records, the custodial interrogation of the petitioner is not necessary at this stage, and that by this time, material part of the investigation might have been completed, and that there are no previous cases registered against the petitioner, this court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Dindigul District, on condition that the petitioner shall execute a bond for a sum of 4/7

Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.II, Dindigul District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioner and 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 Book to ensure their identity; (b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Dindigul District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Dindigul District;

(c) the petitioner shall report before the respondent police daily twice i.e. at 10.00 a.m. and 05.00 p.m. for a period of 15 days and thereafter, the petitioner shall appear before the respondent police daily twice i.e. at 09.00 a.m. and 06.00 p.m. until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(e) the petitioner shall not abscond 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 in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

8. Accordingly, this Criminal Original Petition is allowed. Consequently, the connected Criminal Miscellaneous Petition is closed. sd/- 30/07/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.The Judicial Magistrate No.II, Dindigul District. 2.Do through The Chief Judicial Magistrate, Dindigul. 3.The Sub-Inspector of Police, Dindigul CCD-III Police Station.

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

+1 CC to M/s.C.VAKEESWARAN, Advocate ( SR-8250[I] dated 31/07/2025 )

ORDER

IN CRL OP(MD) No.11327 of 2025 Date :30/07/2025 PR/29.08.2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7