Sivasankar vs State

M. Nirmal Kumar, J

The petitioner, who was arrested and remanded to judicial custody on 28.09.2022 for the offences punishable under Sections 417, 506(i) of IPC and Section 67 of Information Technology Act in Crime No.497 of 2022 on the file of respondent police, seeks bail.

The case of the prosecution is that on 27.09.2022, the defacto complainant had lodged a complaint before the respondent police stating that his daugther is pursuing B.Sc., Nursing in Dhanalakshmi Seenivasan College, Perambalur. While so on 10.09.2022, the accused attempted to marry the defacto complainant's daughter, she refused to do so and asked to get the permission of her father. But the accused stating that it is a empty formality and exchanged the garlands in a home. After some time, taking it as a advantage, the accused had taken some photos interfering with the privacy of the defacto complainant's daughter by making false promise. Later, the accused came to know that the defacto complainant's daughter is a wealthier person, started to demand money from her. On suspicion, the defacto complainant's daughter enquired about the accused and found that he is a drug addict and he is having illicit relationship with many women.

Therefore, she returned to the house of her parents. Later, the accused started to threaten the defacto complainant's daughter stating that he will expose her photos in social media and finally, he uploaded the photos in the public domain. Due to which, the defacto complainant's daughter consumed poison and was admitted in the Virudhachalam Government Hospital. Hence, the case.

The learned counsel appearing for the petitioner would submit that the petitioner and the defacto complainant's daughter are in love with each other. The defacto complainant's daughter was studying B.Sc., Nursing in Dhanalakshmi Seenivasan College, Perambalur. At that time, against her wish, the defacto complainant had arranged marriage for her. Hence, she called the petitioner to save her life and therefore, both of them eloped and their marriage was performed before the Thanthai Periya Thravida Kazhagam at Pudu Chitha Pudur. Thereafter, they lived together for few days. Thereafter, the defacto complainant using money and muscle power, had terminated the petitioner's wife education and forcefully taken her away from the petitioner. Later, the petitioner lodged a complaint before the respondent police that his wife was kidnapped by the defacto complainant and the respondent police issued CSR No.412 of 2022. Due to which, defacto complainant lodged a false complaint against the petitioner and the petitioner was arrested on 28.09.2022. Therefore, he prays for grant of bail to the petitioner.

The respondent filed a detailed counter.

The learned Government Advocate (crl.side) appearing for the respondent would submit that the defacto complainant's father lodged a complaint stating that the petitioner had kidnapped his daughter. Thereafter, on the false promise, had registered a marriage, taking advantage of the age and innocence of the defacto complainant's daughter. The petitioner started demanding money. After, realizing the mistake, the defacto complainant's daughter came back to her parents. At that time, the petitioner threatened the defacto complainant's daughter that he will post photographs and videographs of her in the public domain. Thereafter, he also posted photographs in the social media. Due to which, the defacto complainant's daughter consumed pesticides and was admitted in the hospital. Thereafter, the petitioner was arrested on 28.09.2022. In this case, investigation is in progress. Hence, he vehemently opposed to grant bail to the petitioner.

In reply, learned counsel for the petitioner would submit that the petitioner will file an affidavit of undertaking that after his release, he will not misuse or post any photographs or videographs of the victim girl and also not to tarnish the image and character of the defacto complainant's daughter in any manner before the Judicial Magistrate No.2, Virudhachalam.

Heard both the learned counsel and perused the materials available on record including the First Information Report.

Taking into consideration of the fact that the petitioner is ready to file an affidavit before the Judicial Magistrate No.2, Virudhachalm and considering the period of incarceration suffered by the petitioner from 28.09.2022, 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, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Virudhachalam 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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

[g] the petitioner shall file an affidavit of undertaking stating that after his release, he will not post any photographs or videographs of the victim girl and also will not tarnish the image and character of the defacto complainant's daughter in any manner before the learned Judicial Magistrate No.II, Virudhachalam, on or before 11.11.2022, post the case on 14.11.2022 before this Court for reporting compliance.

[h] It is made clear that if the petitioner resists from the compliance of any of the conditions, this bail stands cancelled automatically.