Subash v. The Inspector Of Police

CRL OP(MD). No.17513 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.11.2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.17513 of 2021 Subash ... Petitioner/Accused(Sole) Vs The State rep.by The Inspector of Police, CCD III Police Station, Trichy.

Crime No.19 of 2021 ... Respondent/Complainant For Petitioner : Mr.C.SENTHIL MURUGAN, Advocate.

For Respondent : Mr.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.19 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 30.09.2021 for the offences punishable under Section 354A(1)(iv) IPC r/w 66C and 67 of Information Technology (Amendment) Act, 2008 in Crime No.19 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and the de-facto complainant are husband and wife. Due to domestic disputes, both are living separately. The petitioner created a website called LOCANTO and uploaded some messages in the name of his wife. Hence, the complaint.

3.The learned counsel appearing 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 30.09.2021. Hence, he seeks for grant of bail.

4.The learned Additional Public Prosecutor for the respondent police would submit that they have collected materials to show prima facie that the petitioner created a website called LOCANTO by using https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.17513 of 2021 his Email ID SUBASHTODAY92@GMAIL.COM and uploaded the messages. Some of them are extracted hereunder:- " 'Sangeetha, widow women wanted sex' a message was published that "My name Sangeetha from trichy divorce women sex wanted call...."

He would further submit that the investigation is yet to be completed and that the forensic report is not yet received. 5.Considering the seriousness and gravity of the offence alleged and also the facts that the investigation is not yet completed and the respondent police is yet to get the forensic report, this Court is not inclined to grant bail to the petitioner at that point of time.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 12/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 INSPECTOR OF POLICE, CCD III POLICE STATION, TRICHY.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

ORDER

IN CRL OP(MD) No.17513 of 2021 Date :12/11/2021 SA/PN/SAR.1/18.11.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2