Srikanth v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31.07.2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI Srikanth ... Petitioner/Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Thanjavur CCD-III Police Station, Thanjavur District.
(Crime No.28 of 2025) ... Respondent/Complainant For Petitioner : Mr.R.L.Dhilipan Pandian For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.28 of 2025 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 11.07.2025 for the offences punishable under Sections 75(1)(ii), 75(1)(iii), 75(2), 79 of BNS r/w 67 of IT Act, in Crime No.28 of 2025 on the file of the respondent police, seeks bail.
1/5
2. The case of the prosecution is that on 11.02.2025, the petitioner herein, who is an unknown person frequently sent obscene text messages and obscene pictures to the defacto complainant Prathipa through WhatsApp with the intention to defame the image of the defacto complainant in society. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. He further submitted that the petitioner is in judicial custody from 11.07.2025 and there is no previous case pending against the petitioner. Hence, he seeks bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that the phone of the petitioner has been recovered and there is no previous case pending against the petitioner. He further submitted that the investigation is almost completed. However, he opposed for grant of bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also the fact that the cellphone has been recovered and the occurrence happened on 11.02.2025 but FIR was registered on 11.07.2025 by this time most of the investigation might have been completed and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the 2/5
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 the learned Judicial Magistrate Court No.1, Thanjavur 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. [b] The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate Court No.1, Thanjavur District. (c ) If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate Court No.1, Thanjavur District.
[d] the petitioner shall report before the respondent police daily at 10.00 a.m., until further orders.
[e] the petitioner shall not abscond either during investigation or trial.
[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.
3/5
[g] 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 31/07/2025 / TRUE COPY / 31/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
msrm TO 1 THE JUDICIAL MAGISTRATE NO.1, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR, THANJAVUR DISTRICT.
4 THE INSPECTOR OF POLICE, THANJAVUR CCD-III POLICE STATION, THANJAVUR DISTRICT.
4/5
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.12882 of 2025 Date :31/07/2025 NBF/SAR- /31/07/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5