Arun v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Arun ... Petitioner/Sole Accused Vs The Inspector of Police, Cyber Crime Police Station, Thanjavur District.

(Cr.No. 38/2024).

... Respondent/Complainant For Petitioner :

M/s. Karunanithi.M, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.38/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 05.07.2024 for the offences punishable under Section 354(D) I.P.C and Sections 66D, 66E, 67 of IT Act and Section 6 of Indecent Representation of Women Act, in 1/4

crime No.38 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner had created fake account in the Instagram and sent abusing message to the daughter of the defacto complainant and abused her in filthy language and threatened her and also shared the morphing photo of her. Hence, the complaint.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Considering the facts and circumstances of the case and also considering the nature of allegation against the petitioner and considering the fact that investigation has been completed and charge sheet filed and that the petitioner is in judicial custody from 05.07.2024, I am inclined to grant bail to the petitioner on certain conditions.

5.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.I, Thanjavur;

(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; 2/4

(ii)the petitioner shall appear before the trial Court on every hearing without fail;

(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 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]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 02/09/2024 / TRUE COPY / 02/09/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS To 1.The Judicial Magistrate No.I, Thanjavur.

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2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Cyber Crime Police Station, Thanjavur District.

4.The Officer Incharge, Sub Jail, Thanjavur.

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

ORDER

IN CRL OP(MD) No.14548 of 2024 Date :02/09/2024 ED/ /SAR- (02/09/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4