Yosuwa v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM R.YOSUWA ... PETITIONER/SOLE ACCUSED Vs THE INSPECTOR OF POLICE THANJAVUR CYBER CRIME POLICE STATION, THANJAVUR DISTRICT. CRIME NO.20 OF 2023.

... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.RAJABOOPATHY, Advocate For Respondent : MR.RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.20 OF 2023 ON THE FILE OF THE RESPONDENT POLICE. 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 354-D of IPC and r/w 66-D & 67-A of Information Act, in Crime No.20 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner herein sent the nude photos of the defacto complainant to her husband and also shared the same in the social media. Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner and the defacto complainant loved each other and thereafter, they performed their marriage before the Register Office in the year 2022. Due to some difference of opinion, she married another man and foisted a false case against him. Hence, he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that petitioner herein sent the nude photos of the defacto complainant to her husband and shared the same in the social media. He would further submit that the petitioner is used to give threat to the defacto complainant that if she did not give money asked by him, he uploaded her nude photos in the social media. In this regard, in the year 2019 and 2022, two complaints were given by the defacto complainant before the All Women Police Station, Bodinayakkanur, Theni District. On enquiry, he gave an undertaking that he would not give any threat to the defacto complainant in future and never demanded any money from her and he also deleted the alleged photos of her. Per contra to the above said undertaking, again, he has committed the same offence. Hence, he seriously objected to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also taking into consideration the heinous offence committed by the petitioner against the defacto complainant, this Court is not inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 12/12/2023 / TRUE COPY /

/01/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, (CS. I / II / III / IV) Madurai - 625 023. DSS TO 1 THE INSPECTOR OF POLICE, THANJAVUR CYBER CRIME POLICE STATION, THANJAVUR DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN Date :12/12/2023 RS/JGB/SAR-(02.01.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023