Meyappan vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 15.11.2022 for the offences under Sections 294(b), 376, 506(i) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act,2002 r/w 66 D of Information Technology Act, 2000 in Crime No.171 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner being the friend of A1 alleged to have indulged in seeking sexual favour from the defacto complainant on many occasions by causing threat of disclosing the obscene materials through a social media on abusement and criminal intimidation. Hence, the complaint.

The learned counsel for the petitioner would submit that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He would further that the petitioner has been suffering incarceration for 30 days from 15.11.2022. Hence he prays for granting bail to the petitioner.

The learned Government Advocate (Crl.Side) would submit that the petitioner being the friend of A1 alleged to have indulged in seeking sexual favour from the defacto complainant on many occasions by causing threat of disclosing the obscene materials through a social media on abusement and criminal intimidation. Hence, he would vehemently oppose to grant bail to the petitioner.

Taking into consideration the fact and the submissions made by both counsel, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, out of which, one surety shall be a blood surety for a like sum to the satisfaction of the learned Judicial Magistrate, Sendamangalam and on further condition that:

(a)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;

(b) the petitioner shall report before the respondent police on every Wednesday at 10.30 a.m., for a period of four months and he shall not communicate the victim through any mode till the disposal of the case

(c ) the petitioner shall file an undertaking affidavit before the trial court stating that he shall not upload the obscene photographs and videos in the social media in future ;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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 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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.