Anandakumar vs State Of Tamil Nadu

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 14.01.2026 for the alleged offence under Section 77 of BNS, 2023 and Section 66E of IT Act, in Crime No.4 of 2026, on the file of the respondent police, seeks bail.

The case of the prosecution is that on 09.01.2026 at about 11.30 p.m., the petitioner allegedly recorded an indecent video of the complainant’s aunt while she was lying near Muniyappan Temple and the same was later shown to the complainant through whats app. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution. He would further submit that the petitioner has been under incarceration since 14.01.2026. Hence, he prays for the grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the earlier bail application filed by the petitioner in Crl.O.P.No.5177 of 2026 was dismissed by this Court on 02.03.2026. However, he would fairly submit that investigation is completed.

I have given anxious consideration to the submissions made by the learned counsel on either side.

Taking into consideration of the totality of the circumstances and the allegation against this petitioner and upon his incarceration since 14.01.2026, this Court is of the view that his further incarceration is not required. Hence, this Court is inclined to enlarge the petitioner on bail subject to certain conditions.

Accordingly, 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), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Salem, and subject to the following conditions:

[a] the sureties shall affix their 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 their identity;

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness 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 petitioners in accordance with law as if the conditions had been imposed and the petitioners 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 petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.