Sarath v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.01.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Sarath ... Petitioner/Accused Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Cyber Crime Police Station, Kanniyakumari District.

(Crime No.1 of 2024) ... Respondent/Complainant For Petitioner : Mr.A.Ragul Sivanand Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.1 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 354A(1)(i), 354A(1)(ii), 509 IPC and 66E, 67, 67A of the IT Act (amendment) Act, 2008 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act 2002, in Crime No.1 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The prosecution case is that the first accused and the defacto complainant were previously in a relationship, during which time the first accused recorded certain photographs and videos. Subsequently, the defacto complainant married another person. It is alleged that thereafter, the first accused shared the said photographs in Telegram groups and this petitioner had circulated the videos and photographs on social media platforms, leading to the filing of the present 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 had 2/7

filed an affidavit of undertaking before this Court stating that he will not committed in such kind of offence in future. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crk.Side) submitted that there are no previous case pending against the petitioner and the investigation is still pending. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that there are no previous case pending against the petitioner and also considering the affidavit of undertaking filed by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner 3/7

shall execute 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 No -II, Nagercoil, within a period of fifteen days from the date on which the order copy was made ready and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] he petitioner shall surrender his mobile phone to the respondent police and in any other hard disk and other electronic devices containing photos circulated. Further, the petitioner shall report to the respondent police daily at 10.30 a.m., until further orders.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial. 4/7

[d]the petitioner shall not abscond either during investigation or trial.

[e]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 is 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].

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

(S S Y J) 21.01.2026 msrm 5/7

To 1.The learned Judicial Magistrate No-II, Nagercoil.

2. The Inspector of Police, Cyber Crime Police Station, Kanniyakumari District.

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

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S.SRIMATHY,J msrm

ORDER

IN 21.01.2025 7/7