Subashini v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Subashini ... Petitioner/ Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Cyber Crime Branch Police Station, Madurai city, Madurai.
(Crime No.83 of 2025) ... Respondent/Complainant For Petitioner : Mr.N.Ananda Padmanabhan Senior Counsel for M/s.R.Vidhya For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For Intervener : Mr.J.Anandakumar PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.83 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 1/6
06.08.2025 for the offences punishable under Sections 308(7), 351(2) of BNS, 2023 r/w. Sections 66E, 67D of Information Technology Act, 2008 in Crime No.83 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that this petitioner took intimate photographs and videos with the defacto-complainant's father without his knowledge, while doing massage to him and forwarded the same to A2, who in turn conspired with three persons and threatened the defacto-complainant by demanding money from him and threatened him to upload the intimate photographs and videos in social media. Hence, the complaint.
3. The learned counsel for the petitioner submitted that this petitioner is a victim, this petitioner was offered with the post of Telecommunication Assistant in Dubai by the defacto-complaint's father. The defacto-complainant's father took the petitioner to his flat, and seized her passport and misbehaved with this petitioner. This petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. This petitioner is ready and willing to abide by any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 06.08.2025, nearly 27 days. Hence, he seeks bail.
4. The learned Counsel appearing for the intervener would submit that the first and second accused along with other accused persons, were conspired together and 2/6
demanded money from the defacto-complainant and his family members. The accused persons morphed the photographs of the defacto-complainant's father and created a video as if he was with the first accused. In order to tarnish the image of the defacto-complainant and his father and extract money from them, the accused persons created fake video and photographs and demanded money. If the petitioner is enlarged on bail, there is a chance of tampering the evidence. Hence, he prayed to dismiss the present bail petition.
5. The learned Additional Public Prosecutor submitted that this petitioner and other accused persons were conspired together in order to extract money from the defacto-complainant's father, they showed intimated photographs and videos and threatened them and demanded money from the defacto-complainant. It is the preplanned crime committed by the accused persons. There is no previous case agaisnt this petitioner. However, he opposed for grant of bail to the petitioner.
6. Taking into consideration of the facts and circumstances of the case and also the investigation has been almost completed and there is no previous case pending against the petitioner and also considering the period of incarceration suffered by the petitioner, 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 3/6
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.1, Madurai, 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 her residential address and mobile number to the learned Judicial Magistrate No.1, Madurai. [c] If the petitioner changes her residential address, she shall report the same to the learned Judicial Magistrate No.1, Madurai. [d] the petitioner shall report before the respondent police weekly once i.e., on every Monday at 10.30 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.
[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 4/6
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/- 02/09/2025 / TRUE COPY / 02/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
gvn TO 1 The Judicial Magistrate No.1, Madurai.
2 Do Through the Chief Judicial Magistrate, Madurai District. 3 The Superintendent, Central Prison, Madurai. 4 The Inspector of Police, Cyber Crime Branch Police Station, Madurai City, Madurai District.
5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.VIDHYA, Advocate ( SR-9491[I] dated 02/09/2025 ) 5/6
ORDER
IN CRL OP(MD) No.14042 of 2025 Date :02/09/2025 NBF/02/09/2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6