IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Friday, the Twenty Seventh day of May Two Thousand Twenty Two

PRESENT

The Hon`ble Mr Justice M. NIRMAL KUMAR

CRIMINAL ORIGINAL PETITION No.12711 of 2022

G.AZAD [ PETITIONER / ACCUSED ]

Vs

THE INSPECTOR OF POLICE [ RESPONDENT ]

PALLAVARAM POLICE STATION,

CHENNAI 600 043

(CRIME NO.316/2022)

For Petitioner : M/S.K.VENKATESWARAN Advocate

For Respondent : THE PUBLIC PROSECUTOR

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :-

The petitioner, who apprehends arrest for the alleged offence

under Section 67A of IT Act, Section 294(b) and 506(i) of IPC, in

Crime No.316 of 2022, on the file of the respondent police, seeks

anticipatory bail.

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

had love affair with A1 and when they decided to get married, A1

confessed that she had loved one Azad/the petitioner from 9th

standard and were in relationship for 11 years during which, the

petitioner recorded all the inmate moments and after breakup, he

uploaded everything in the internet to take revenge of A1. Hence, A1

begged the deacto complainant to hide and remove such videos and

photos. Further, A1 had promised to marry the defacto complainant

and to repay the expenses for removing such obscene contents from the

platforms. Accordingly, the defacto complainant used his resources to

remove all the obscene contents from all the platforms. In the

meanwhile, A1 left to Cochin and started to manage her father's

business. When the defacto complainant reminded A1 about their

marriage and money, she said that there was payment stagnation due to

non release of payment to them as the accounts did not tally due to

the manipulation done by her father to evade GST and IT. Further, A1

requested the defacto complainant to fix the issues. After fixing her

company accounts, when the defacto complainant asked A1 to get

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

married, she admitted that she used the defacto complainant only to

fix her past problems. Further, she stated that she had no intention

to marry him or to return the money and since she being a woman, she

could easily file a fake harassment charges against the defacto

complainant. Thereafter, the defacto complainant approached her

father and explained the situation. Whereas, her father by using his

influence started to threaten the defacto complainant and also

harassed him by passing racial discriminative comments. Further, he

sent his own obscene photos and harassed the defacto complainant and

his family and also his language and religion. Further, since the

defacto complainant came to know about all his dark secrets, immoral

activities, illegal conducts, business fradulency, his daughter's

drug conducts and the fact he shared his own daughter's obscene

photos and videos in several platforms, he wanted to kill the defacto

complainant to bury all the secrets. Hence, he threatened the defacto

complainant to bury all the evidences and to send photo of the same

otherwise, they will rape the mother of the defacto complainant and

kill his family members. Further, A1 admitted about her affair with

the said Azad/the petitioner and their physical intimacy and also the

double crossing and breaching of trust while she was in love with the

defacto complaint. Hence, the complaint.

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

petitioner is an innocent and he has been falsely implicated in this

case since he happens to be the friend of A1 and would pray for grant

of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the

respondent police would submit that the petitioner is arrayed as A3

and he is the ex-lover of A1. A2 is the fat