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Madras High CourtCRL OP(MD)/13268/2025allowed

G. Jeyapraveen v. The State Of Tamilnadu

2025-08-22Honourable Mr Justice P.Vadamalai7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI and Crl.M.P(MD)No.11274 of 2025 G.Jeyepraveen

...Petitioner/ Accused

Vs The State of Tamilnadu Rep.by its, the Inspector of Police, Trichy Police Station, CCD-III District, Trichy District.

(Crime No.11 of 2025) .. Respondent/Complainant For Petitioner : Mr.P.Karunanithi Advocate For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) For Intervener : Mr.K.R.Kishore Ram PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.11 of 2025 on the file of the Respondent Police. 1/7

ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 18.07.2025 for the offences punishable under Section 79 of BNS, Sections 66C, 66D and 67 of Information Technology (Amendment) Act, Section 4 of TamilNadu Prohibition of Harassment of Women Act, 2002 and Section 4 of the Indecent Representation of Women Act in Crime No.11 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 15.04.2025, while the defactocomplainant was residing at her sister's house in Trichy, she received calls from unknown numbers and she disconnected the calls, but the issue persisted until 08.07.2025. Upon verification, she discovered that her mobile phone had been hacked and her photographs were uploaded on social media with obscene captions, falsely portraying her as someone willing to engage in sexual activities. These messages were also sent to her relatives. Hence, the case.

3. The learned counsel for the petitioner would submit that one Mr.Pandian had two wives, the defacto-complainant is the second daughter of first wife. One IAS officer is the husband of the first daughter of Pandian. The petitioner herein is in love with the daughter of Pandian. The husband of the first daughter was not happy with 2/7

the relationship. On his instruction only, FIR has been lodged against this petitioner. The alleged incidents are said to be held at Chennai and the petitioner was arrested only at Chennai. But the FIR was lodged at Trichy, based upon the instigation of the said IAS Officer. Under the influence of the complainant's sister's husband false case has been registered against the petitioner. He would further submit that the 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 18.07.2025, nearly 36 days. Hence, he seeks bail. 4.The learned Government Advocate (Criminal Side) would submit that it is the case of cyber crime.

The petitioner allegedly hacked the complainant's whatsapp account and engaged in indecent chats. Two mobile phones were seized by the respondent police. The petitioner sent messages to one Francis, without the knowledge of the complainant and fraudulently uploaded her photographs on social media with the intent to defame her. There is no previous case against this petitioner. However, he opposed to grant bail to the petitioner. 5.The learned counsel appearing for the intervener would submit that the defacto complainant is one among several victims, who have been affected by the accused.

remotely accessed and deleted by the accused, who is the only person with the username and access. He would further submit that only two mobile phones have been recovered by the respondent police and other materials like laptop and other electronic devices used in the crime are not yet recovered. Hence, he opposes for grant of bail.

6.Taking into consideration of the facts and circumstances of the case and the fact that the mobile phones have been recovered by the respondent police and also considering the fact that the petitioner/accused is in judicial custody from 18.07.2025, the period of incarceration and by this time, most of the investigation might have been completed, this court is inclined to grant bail to the petitioner, subject to the following conditions:

7. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.I, Tiruchirappalli, 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 No.I, Tiruchirappalli. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.I, Tiruchirappalli;

[c] the petitioner shall stay at Salem and shall appear and sign before the Salem Town Police Station daily twice at 10.00 a.m. and 5.00 p.m., until further orders. [d] the petitioner shall appear before the respondent police as and when required for interrogation.

[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.

[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.

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8.Accordingly, this Criminal Original Petition is allowed and Crl.M.P(MD) No.11274 of 2025 is closed.

sd/- 22/08/2025 / TRUE COPY / 22/08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

cp TO 1 The Judicial Magistrate No.I, Tiruchirappalli.

2 Do Through the Chief Judicial Magistrate, Tiruchirappalli District.

3 The Superintendent, Central Jail, Trichy.

4 The Inspector of Police, Trichy Police Station, CCD-III District, Trichy District.

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

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Copy to:

The Inspector of Police, Salem Town Police Station, Salem District.

+1. CC to M/s.P.KARUNANITHI Advocate SR.No.53530[F] dated 22/08/2025

ORDER

IN CRL OP(MD) No.13268 of 2025 Date :22/08/2025 AS/22.08.2025/7P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7