Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Manikandan ... Petitioner / Sole Accused Vs The State rep by The Inspector of Police, Chokkampatti Police Station, Tenkasi District.

(Crime No.71/2023.) ... Respondent / Complainant For Petitioner : M/s.Indrachithu.T, Advocate For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.71 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 354, 500 IPC r/w Section 4 of TNPHW Act and Section 65 of IT Act, in Crime No.71 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that after 1/3

completing her Degree course, a marriage proposal was made to the defacto complainant with another person. The petitioner is a neighbour of the defacto complainant and he was in love affair with her. On 22.05.2023 at about 03.45p.m., the defacto complainant happens to see a message in social media and a photograph showing that she and the petitioner were standing closely, as if they look like lovers. The morphed photograph was spread through WhatsApp by the petitioner. Hence, the complaint.

3.The learned counsel for the petitioner submitted that he is innocent and not committed any offence, as alleged by the prosecution. The defacto complainant's marriage proposal was finalised and she got married to some other person. Hence, prays to enlarge him on anticipatory bail.

4.The learned Additional Public Prosecutor submitted that the accused had morphed the photograph of the defacto complainant and posted in the social media and also informed her parents that she was detained illegally. The investigation is in nascent stage. Considering the nature of offence, prays to dismiss the petition. Hence, prayed to dismiss the petition. 5.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6.Considering the above facts and circumstances of the case, the manner 2/3

in which the occurrence committed by the petitioner and if the petitioner is released on bail, he may tamper the material witness and hamper the investigation. Hence, this Court is not inclined to allow the petition. 7.Accordingly, this Criminal Original Petition stands dismissed. sd/- 25/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM To 1.The Inspector of Police, Chokkampatti Police Station, Tenkasi District.

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

ORDER

IN CRL OP(MD) No.13502 of 2023 Date :25/07/2023 ED/MMS/SAR- (02/08/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3