Jeyaraj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Jeyaraj ... Petitioner/Accused No.2 Vs The Inspector of Police, Cyber Crime Police Station, Tenkasi District.

(Crime No.30/2024).

... Respondent/Complainant For Petitioner :

Mr.P.Ponraj, Advocate For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.30 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 07.11.2024 for the offences under Sections 66E, 67, 67A of IT Act and Section 4 of TNPHW and Sections 77, 79, 294(2)(b) and 294(2)(c) of BNS (hereinafter referred to as new penal code) in Crime No.30 of 2024 on the file of the respondent police, seeks 1/4

bail.

2. The case of the prosecution is that A2 and A3 had relationship with the defacto complainant. Their physical intimacy with the defacto complainant was photographed/videographed and it was given to A1 and A1 in turn had posted it in the social media. There are totally three accused persons in this case and the petitioner has been arrayed as A2.

3.The learned Additional Public Prosecutor appearing for the respondent police submitted that out of three accused persons, A1 has been detained under Act 14 of 1982. He further submitted that the entire incriminating materials have been seized by the respondent police and that there are no previous cases pending against the petitioner.

4.Heard the learned Counsel appearing on either side. 5.Taking into consideration the facts and circumstances of the case and considering the manner, in which, the incident had taken place and taking note of the fact that the petitioner has already suffered incarceration from 07.11.2024 and the entire incriminating materials have been seized and there are no previous cases pending against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions.

6.Accordingly, the criminal original petition is ordered and the petitioner is 2/4

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, Tenkasi, 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 report before the respondent police daily at 10.30 a.m until further orders.

[c] the petitioner shall appear before the trial Court during every hearing date without fail.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond 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]. 3/4

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.

sd/- 09/12/2024 / TRUE COPY / 09/12/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE JUDICIAL MAGISTRATE, TENKASI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, CYBER CRIME POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.P.PONRAJ, Advocate ( SR-15114[I] dated 09/12/2024 ) ORDER IN CRL OP(MD) No.20471 of 2024 Date :09/12/2024 RS/IT/SAR-(09.12.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4