Rajamanickam v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Rajamanickam ... Petitioner/Sole Accused Vs The Inspector of Police, Theni Police Station, Theni District, (Crime No.349 of 2024.) ... Respondent/Complainant For Petitioner :
Mr.K.Murugan, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.349 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Sole Accused, who is arrested and remanded to judicial custody on 29.08.2024 for the offence punishable under Sections 296(b), 308(A), 351(2), 78 of BNS r/w. section 4 of Tamil Nadu Protection of Harassment of Women Act and Section 67 of Information Technology Act in Crime No.349 of 2024 on the file of the respondent police, seek bail.
1/4
2.The case of the prosecution is that the petitioner had threatened the defacto complainant that he would upload the private videos of the defacto complainant's daughter. Hence, the complaint.
3.Heard the learned counsel on either side and perused the material records of the case.
4.Considering the nature of allegation in this case that the petitioner was in a relationship with the defacto complainant's daughter prior to her marriage and in taking advantage of the pictures/videos which are taken during that time, the petitioner started threatening the defacto complainant's daughter and extorting money from her and further threatening to upload all the private pictures on the social media and considering the fact that the petitioner is in judicial custody from 29.08.2024 and the investigation is yet to be completed, I am inclined to enlarge the petitioner on bail with 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 Additional Mahila Court (Judicial Magistrate Level), Theni; (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 2/4
card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent police daily at 10.30 a.m.,for a period of four weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(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/- 30/10/2024 / TRUE COPY / 30/10/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
JBR 3/4
To 1.The Judge, Additional Mahila Court (Judicial Magistrate Level), Theni.
2.Do through the Chief Judicial Magistrate, Theni District.
3.The Inspector of Police, Theni Police Station, Theni District.
4.The Officer Incharge, Sub Jail, Thekkampatty.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.MURUGAN, Advocate ( SR-13462[I] dated 30/10/2024 )
ORDER
IN CRL OP(MD) No.18656 of 2024 Date :30/10/2024 ED/ /SAR- (30/10/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4