Maheswaran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Maheswaran, S/o.Murugan, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Sub-Inspector of Police, Kariappatti Police Station, Kariappatti Taluk, Virudhunagar District.

(Crime No.167 of 2025) .. Respondent/Complainant For Petitioner : Mr.L.Prabhu Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.167 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody 1/5

on 11.07.2025 for the offences punishable under Sections 77, 296(b), 115(2) and351(3) of BNS Act r/w.Section 66E of Information Technology Act in Crime No.167 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto-complainant and this petitioner are neighbours. On 10.07.2025 at about 10.15a.m. When the defactocomplaint's wife was taking bath at bathroom, the petitioner taken video on his mobile phone and when the same was questioned by the defacto-complainant, this petitioner abused the defacto-complainant and his wife and threatened them with dire consequences. Hence, the case.

3. The learned counsel for the petitioner would submit that this petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 11.07.2025, nearly 19 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that on 10.07.2025 at about 10.15a.m. When the defacto-complaint's wife was taking bath at 2/5

bathroom, the petitioner taken video on his mobile phone and when the same was questioned by the defacto-complainant, this petitioner abused the defactocomplainant and his wife and threatened them with dire consequences. The cell phone was recovered by the respondent police. There is no previous case against this petitioner. Hence, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, the cell phone was recovered by the respondent police, by this time most of the investigation might have been completed, the petitioner/accused is in judicial custody from 11.07.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, 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 learned Judicial Magistrate, Kariapatti, Virudhunagar District and on further conditions that :- [a] 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.

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[b] The petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate, Kariapatti, Virudhunagar District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Kariapatti, Virudhunagar District; [c] the petitioner shall appear and sign before the respondent police daily at 10.30a.m. until further orders.

[d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 30/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO

1. THE JUDICIAL MAGISTRATE, KARIAPATTI, VIRUDHUNAGAR DISTRICT 4/5

2. THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT.

3. THE OFFICER INCHARGE, SUB JAIL, ARUPPUKOTTAI.

4. THE SUB-INSPECTOR OF POLICE, KARIAPPATTI POLICE STATION, KARIAPPATTI TALUK, VIRUDHUNAGAR DISTRICT.

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

+1. CC to L. PRABHU Advocate SR.No.8168 (I) DT.30/07/2025

ORDER

IN CRL OP(MD) No.12797 of 2025 Date :30/07/2025 NM/30.07.2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5