Santhosh Kumar vs State

G.Chandrasekharan, J

The petitioner, who was arrested and remanded to judicial custody on 24.07.2023 for the offence punishable under Sections 501, 506(i), 509 of IPC and Section 67 of IT Act 2008 in Crime No.25 of 2023 on the file of the respondent police, seeks bail.

2.The learned counsel for the petitioner submitted that, petitioner is falsely implicated as an accused for the offences punishable under Sections 501, 506(i), 509 of IPC and Section 67 of IT Act 2008 in Crime No.25 of 2023. It is the submission of the learned counsel for the petitioner that, petitioner was in love with the sister of the defacto complainant. However, he is implicated in this case alleging that, he sent abusive messages through e-mail. In support of his submissions, he produced photos taken with the defacto complainant's sister. Therefore, he prays for grant of bail to the petitioner.

Learned Additional Public Prosecutor, opposed this petition, on the ground, defacto complainant received a follow request from the Instagram of Suganthikumar95. Defacto complainant's photo was shown as 'DP' of the said ID. On 24.05.2023, she received messages that, her photo would be misused. From September last, defacto complainant and her sister used to receive OTP from unknown numbers. Fake ID was created using her photos in a matrimonial website. Therefore, several phone calls was received by defacto complainant and her sister. The following messages was received in the e-mail ID of her brother [email protected] that "Inade dhevidhiyaaa paya apdi irga nala irgiyaa bundhamavne ungokkas dhevidhiyaas epe evanha odhuttu irkinga". In the said circumstances, this complaint was given. Thus, learned Additional Public Prosecutor opposed this petition, on the ground that, analysis of this e-mail communication and other phone communications is being done by the Cyber Crime. The investigation in this case is not completed. However, he prays for dismissal of this petition.

Considered the submissions and perused the records.

4.1. From the consideration of the materials produced, there is a reason to believe that, petitioner and defacto complainant's sister were in close relationship with each other. However, that has not justified the petitioner sending abusive messages to her and her sister.

4.2. Taking into consideration of the fact that, petitioner is in judicial custody from 24.07.2023 and that material part of the investigation in this case is completed, this Court is inclined to grant bail to the petitioner. with conditions and 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.2, Tiruvannamalai and on further conditions 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 daily morning at 10.30 a.m., until further orders.

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

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.