Nitheesh @ Nitheeswaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.08.2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Nitheesh @ Nitheeswaran ... Petitioner / Accused No.1 Vs The Inspector of Police, All Women Police Station-Madurai Town, Madurai City.
(Crime No.6 of 2024) ... Respondent / Complainant For Petitioner :
Mr.A.Mohan, Advocate For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor.
PETITION FOR BAIL Under Sec.483 of B.N.S.S.
PRAYER :- For Bail in Cr No.6 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 08.07.2024 for the offence punishable under Section 506(ii) IPC, Section 4 of the Tamilnadu Prohibition of Women Harassment Act and Section 67 of the Information Technology Act in Cr.No.6 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and the defacto complainant 1/4
have loved each other and when the defacto complainant was doing her internship at Chennai, the petitioner has misbehaved with her and took photographs. The petitioner and his friends are frequently made phone calls to the defacto complainant and her parents saying that he could circulate the photographs which was taken by him at Chennai, if the defacto complainant does not incline to the desires of the petitioner. Hence, the case.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 08.07.2024, hence he may be released on bail.
4.The learned Additional Public Prosecutor would submit that the investigation is yet to be completed.
5.Considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.
6 Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Madurai.
[i] the sureties shall affix their photographs and Left thumb Impression in the 2/4
surety bond and the Special Court/concerned Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [ii]The petitioner shall stay at Virudhunagar and report before the Inspector of Police, Virudhunagar West Police Station, Virudhunagar daily at 10.30 am., for a period of 30 days and thereafter, as and when required; [iii] the petitioner shall not tamper with evidence or witness; [iv] the petitioner shall not abscond during trial. [v] On breach of any of the aforesaid conditions, the learned Judicial 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]. [vii] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 02/08/2024 / TRUE COPY / 05/08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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GNS To 1.The Judicial Magistrate No.IV, Madurai.
2.Do through the Chief Judicial Magistrate, Madurai District.
3.The Inspector of Police, All Women Police Station - Madurai Town, Madurai City.
4.The Officer Incharge, District Jail, Dindigul.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Inspector of Police, Virudhunagar West Police Station, Virudhunagar.
ORDER
IN CRL OP(MD) No.12596 of 2024 Date :02/08/2024 ED/ /SAR- (05/08/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4