Anbarasan v. The Inspector of Police

CRL OP(MD). No.10254 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10254 of 2023 Anbarasan, ... Petitioner/Sole Accused

Vs The State rep.by The Inspector of Police, Cyber Crime Police Station, Pudukkottai District. Crime No.9 of 2023. ... Respondent/Complainant For Petitioner : M/s.KRISHNAN S, Advocate. For Respondent : Mr.R.M.ANBUNITHI, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.9 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :-

The petitioner /sole accused who was arrested and remanded to judicial custody on 17.05.2023 for the offences under sections 469,509 of IPC r/w.sections 66(C) and 66(D) of Information Technology Act,2000 in Crime No.9 of 2023 on the file of the respondent police seeks bail.

¶2The case of the prosecution is that the petitioner created fake instagram account and uploaded the photos of the defacto complainant without the knowledge of the defacto complainant hence the case.

¶3Heard both sides and perused the materials available on record including the First Information Report.

¶4It is seen that the petitioner created fake ID of the victim, due to that love affair he posted messages and photos and also morphed the photos of the victim, which was warned by her. Even then he repeatedly posted message and photos. It is also seen that CRL OP(MD). No.10254 of 2023 both fell in love with each other. Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration this court is inclined to grant bail to the petitioner , subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood related sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Pudukottai District and on further conditions that: [b] 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. [c] the petitioner shall report before the respondent police daily at 10.30 A.M. and 5.30P.M., for a period of six weeks and thereafter as and when required for interrogation. After coming out from prison within two days the petitioner shall also file an undertaking affidavit before the respondent police that he will not indulge in similar type of activities again and if the petitioner violates the said undertaking the respondent is at liberty to secure the petitioner and proceed in accordance with law. [d] the petitioner shall not commit any offences of similar nature. [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 Judicial 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 14/06/2023 / TRUE COPY / 14/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. CRLeOP(MD).eNo.10254eofe2023 AAV TO 1 THE JUDICIAL MAGISTRATE NO.II, PUDUKKOTTAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT. 3 THE OFFICER INCHARGE, PUDUKKOTTAI TOWN JAIL, PUDUKKOTTAI DISTRICT. 4 THE INSPECTOR OF POLICE, CYBER CRIME POLICE STATION, PUDUKKOTTAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.10254 of 2023 Date :14/06/2023 SA/VR/SAR. /14.06.2023/3P/6C