IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 22.02.2022

PRONOUNCED ON : 25.02.2022

CORAM :

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

Crl.O.P. No.3148 of 2022

R.D.Santhanakrishnan

...Petitioner / Accused

versus

State Rep. by

The Inspector of Police,

CBCID Cyber Crime,

Chennai.

(Crime No.13 of 2021)

...Respondent / Complainant

PRAYER: Criminal Original Petition has been filed under Section 439

of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.13

of 2021 on the file of the respondent police.

For Petitioner : Mr.K.M.Vijayan

Senior Advocate

for Mr.K.Raghunath

For Respondent : Mr.Hasan Mohammed Jinnah

State Public Prosecutor

assisted by

Mrs.G.V.Kasthuri

Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody

on 21.01.2022 for the offences punishable under Sections 228, 292(2)

(a), 294(a), 354A, 370(2) of IPC and Section 4 of Tamilnadu

Prohibition of Harassment of Woman Act, 1998 and 67A of Information

Technology Act, 2000 in Crime No.13 of 2021, on the file of the

respondent police, seeks bail.

2.

The case of the prosecution is that on 20.12.2021, while at

the time, one of the Judge of this Court discharging his duty in an

open Court, there was a frame in the video fixed in the Court for

video conferencing, through which, for entertaining the cases filed

by the litigants, there was a male advocate in sitting position,

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

indulged in sexually erotic act with a woman in black dress, who was

standing next to him. After seeing the same, this Court sent a

requisition to The Bar Council of Tamilnadu and Puducherry to provide

the identity of the person sighted in the video, who indulged in the

obscene act. Further, it was requested to issue a prohibitory order,

prohibiting him to practice as an advocate. Thereafter, it was found

out that the petitioner herein is the person, who indulged in the

said activity.

3.

This Court, by order dated 21.12.2021, initiated contempt

proceedings in Suo Motu Criminal Contempt Petition No.1699 of 2021

and later, upon the order passed by this Court, in the said petition

a criminal case has been registered against this petitioner in CBCID

Cyber Crime Cell in Crime No.13 of 2021 under Sections 228, 292(2)

(a), 294(a) of IPC and 67(A) of Information Technology Act, 2000.

After registering the case, the respondent police recorded the

statement under Section 161(3) Cr.P.C. from the witnesses, who are

all necessary for proving the offence.

4.

In the course of investigation, the identity of the woman

was also established and afterwards, notice under Section 41-A

Cr.P.C. was served and she was asked to appear before the

Investigation Officer on 24.12.2021. Complying with the same, the

said pitiable girl appeared before the Investigating Officer and in

turn, the statement under Section 161(3) Cr.P.C. was recorded from

her. After recording the statement under Section 161(3) Cr.P.C., the

said girl was produced before the learned XI Metropolitan Magistrate,

Saidapet, wherein the statement under Section 164(5) Cr.P.C. was also

recorded.

5.

Subsequently, after recording those statements, the Section

of law was altered into Sections 228, 292(2)(a), 294(a), 354A IPC,

Section 4 of Tamilnadu Prohibition of Harassment of Woman Act, 1998

and Section 67A of Information Technology Act, 2000. Subsequent to

that, on 08.01.2022, the petitioner herein appeared before the

Investigating Officer and stated that he was not aware that the

camera of the laptop was on and that his junior had joined the

virtual Court session. The petitioner further submitted in his

confession that he misbehaved with his Office Assistant.

6.

After recording the said confession statement, on account of

Covid-19 pandemic also upon the order passed by the Hon'ble S