Gurunathan @ Guru v. The State Rep by the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody for the alleged offences punishable under Sections 296(b) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 66E of the Information Technology Act, 2000, and Section 4 of the Tamil Nadu Prohibition of Harassment of Page2 of 6 Woman Act, 1998, in Crime No.593 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner abused the defacto complainant in filthy language, criminally intimidated her with dire consequences, and uploaded her photographs, taken during the subsistence of their cordial relationship, on public platforms without her permission. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is an entirely innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and undertakes to appear and co-operate with the investigation. Hence, he prayed for the grant of bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police vehemently opposed the grant of bail to the petitioner. He submitted that the petitioner has committed a serious cyber offence violating the modesty and privacy of a woman by distributing her private photographs without consent. He further submitted that the investigation is at a crucial stage and the digital devices are yet to be recovered. Hence, he prayed for the Page3 of 6 dismissal of the petition.

¶5Heard the learned counsel for the petitioner as well as the learned Government Advocate (Criminal Side) appearing for the respondent police and carefully perused the entire materials available on record.

¶6Considering the facts and circumstances of the case, the nature of the offence alleged, the period of incarceration undergone by the petitioner, and the stage of the investigation, this Court is inclined to grant bail to the petitioner.

¶7Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties, for a like sum to the satisfaction of the Judicial Magistrate Court-II, Poonamallee and on further conditions that :- [a] the sureties shall affix his photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure his identity; [b] the petitioner shall report before the respondent police on everyday at 10.30 a.m., until further orders, without fail. [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness Page4 of 6 either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

20.08.2026 Index: Yes/No Speaking/Non-speaking order kmm Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. Page5 of 6 To

¶1The Judicial Magistrate Court-II, Poonamallee.

¶2The Sub Jail, Poonamallee.

¶3The Inspector of Police, Madhuravoyal Police Station, Chennai.

¶4The Public Prosecutor, High Court of Madras. Page6 of 6

N.RAMESH, J. kmm CRL.O.P.No.23253 of 2026

20.08.2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL.O.P.No.23253 of 2026 Gurunathan @ Guru S/o. Gopal, No.95/10, South Colony, Vadakku Azhagu Natchiyapuram, Palayankottai, Tirunelveli District. ..Petitioner(s) Vs The State rep by The Inspector of Police Madhuravoyal Police Station, Chennai. Crime No.593 of 2026. ..Respondent(s) PRAYER: To enlarge the petitioner on bail concerned in Crime No.593 of 2026 pending investigation on the file of the respondent on such terms and conditions and as this Hon'ble Court may deem fit and proper and thus render justice. For Petitioner(s): M/s. N.Arun Kumar For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side)