IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

Crl.O.P.No.2230 of 2022

M.Baskaran

...Petitioner

Vs.

The State Represented by

The Inspector of Police,

W-35, AWPS, Tambaram,

Chennai.

(Crime No.25 of 2021)

... Respondent

Prayer: Criminal Original Petition filed under Section 438 of

Cr.P.C., praying to enlarge the petitioner on bail in the event of

his arrest by the respondent police concerned in crime No.25 of 2021,

on the file of the respondent Police.

For Petitioner : Mr.S.Pranavjit

for K.Chandru

For Respondent : Mr.A.Gokulakrishnan,

Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the

respondent police for the offences punishable under Sections 376,

354C, 506(2) of IPC and Section 67 of Information Technology Act,

2000, in Crime No.25 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant

given a false complaint alleging that the petitioner and the defacto

complainant was studying B.B.A in Vels University, Pallavaram. Both

of them became friends and the petitioner with the help of his friend

Aswin have took a secret photo when the defacto complaint was taking

bath in the college premises. The petitioner showing the nude photo

threatened the defacto complainant and had sexual intercourse several

times against her will. Thereafter the petitioner and his friend

demanded Rs.10,00,000/- or else they will upload the defacto

complainant's nude photo in social media, which are totally false and

baseless. Hence the complaint.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioner would submit that the

petitioner has not committed any offence as alleged by the

prosecution and he has been falsely implicated in this case.

Accordingly, he prays for anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that the

petitioner developed intimacy with the daughter of the defacto

complainant and many photographs of the marriage was arranged for her

daughter, he was showing the photos to public and social media, it

needs detailed investigation. Hence, he vehemently opposed to grant

anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also

the submissions made by both counsel and co-accused already released

on bail, the investigation is almost completed, this Court is

inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is directed to be released on

bail in the event of arrest or on his appearance, within a period of

fifteen (15) days after lifting of lockdown or the commencement of

the Court's normal functioning whichever is earlier, before the

learned Judicial Magistrate Court No.I, Tambaram, on condition that

the petitioner shall execute 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 respondent police or the police officer who

intends to arrest or to the satisfaction of the learned Magistrate

concerned, failing which, the petition for anticipatory bail shall

stand dismissed and on further condition that:

(a)the petitioner and the sureties shall affix their photographs

and left thumb impression in the surety bond and the Court concerned

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 Monday, Wednesday and Saturday at 10.30 a.m., for a period of

four weeks and thereafter as and when required for an interrogation

and the petitioner shall surrender the cellphone along with Sim card

to the concerned jurisdictional Court and shall not have any

communication with victim family;

(c)the petitioner shall not tampe