Crl.O.P.(MD)No.6417 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2025 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL Crl.O.P.(MD)No.6417 of 2025 and Crl.M.P(MD)No.5046 of 2025 Vignesh ... Petitioner / Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Cyber Crime Police Station, Madurai City - 625 001, Madurai District. (Crime No.23 of 2025) ... Respondent / Complainant PRAYER :- The Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the petitioner in Crime No.23 of 2025 on the file of the respondent- police. For Petitioner : Mr.K.Althaf Sheriff for M/s.Ajmal Associates For Respondent : Mr.K.Sanjay Gandhi, Government Advocate (Criminal Side) For Intervenor : M/s.Lakshmi Gopinatham * * * * * 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.6417 of 2025 ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 03.04.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail. 2.The petitioner apprehends arrest at the hands of the respondent-police for the offence punishable under Sections 66(C) of Information Technology Act, 2008 and 78 and 351(2) of BNS Act, 2023, in Crime No.23 of 2025, on the file of the respondent- police. 3.The case of the prosecution is that the petitioner and the defacto complainant are husband and wife and they are doctors by profession and there was a matrimonial dispute between them. From the beginning of their marriage, the defacto complainant was threatened to be killed and brutally assaulted several times throughout her married life. The defacto complainant was also threatened to abandon her studies(Master Decree) return to Chennai and surrender all her jewels and property. the defacto complainant is being stalked and monitored by the respondent and the respondent used to mail her from his email. Only after her initial complaint which was made online and initial enquiry by the police, did the defacto 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.6417 of 2025 complainant came to know that her mobile phone and apple cloud accounts were hacked by the petitioner. The petitioner is having custody of all the belongings of the defacto complainant including her metals, school certificate and college mark sheet and he misused the medical license and certificates. He further submits that the petitioner misused the defacto complainant photos, and morphed her photos and sent to the defacto complainant through different mobile numbers. The defacto complainant already preferred a complaint against the petitioner and his parents and the same was registered in Crime No.1003 of 2024, for punishable under Sections 296 (b), 115(2), 85 & 351(2) of BNS Act, 2023 and Section 4 of the TN Prohibition of Harassment of Women Act, 2002, on the file of the All Women Police Station, Tallakulam, Madurai. Hence, the case. 4. Mr.K.Althaf Sheriff for M/s.Ajmal Associates, the learned counsel for the petitioner, submits that the petitioner is a reputed person and he is innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against the petitioner. He, however, submits that the petitioner is ready and willing to co-operate with the investigation and he is also ready to produce all the material evidence before the prosecuting agency and to abide by any conditions to be imposed by this Court. He further submits that the petitioner has 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.6417 of 2025 already obtained an order of pre-arrest bail by this Court in Crl.O.P.(MD)No.17276 of 2024, in connection with Crime No.1003 of 2024, on the file of the All Women Police Station, Tallakulam, Madurai. Hence, he prays for grant of pre-arrest bail to the petitioner. 5.Per contra, Mr.K.Sanjay Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the aforesaid offences alleged are bailable in nature and in view of 77 B Information Technology Act, 2000, and in view of the first schedule of BNSS Act, 2023. Accordingly, he prays to dismiss this Criminal Original Petition. 6.M/s.Lakshmi Gopinatham, the learned Counsel appearing for the defacto complainant, submits that the defacto complainant is being stalked and monitored by the respondent and the respondent used to mail her from his email. Only after her initial complaint which was made online and initial enquiry made by the police, the defacto complainant came to know that her mobile phone and apple cloud accounts were hacked by the petitioner. The petitioner is having custody of all the belongings of the defacto complainant including her metals, school certificate and college mark sheet and he misused the medical license and certificates. He further submits that the 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.6417 of 2025 petitioner misused the defacto complainant photos, and morphed her photos and sent to the defacto complainant through different mobile numbers. He contends that, if the petitioner is granted pre-arrest bail, he will destroy all the equipment and devices. Accordingly, he prays to dismiss this Criminal Original Petition. 7. Heard on both sides. This Court has perused the records. 8.The offences alleged are bailable in nature in view of 77 B Information Technology Act, 2000, and in view of the first schedule of BNSS Act, 2023. Hence, this Criminal Original Petition under Section 482 of BNSS Act, 2023, is not maintainable. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. 9.Accordingly, this Criminal Original Petition is dismissed. sd/- 17/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. RJR TO 1 THE INSPECTOR OF POLICE, CYBER CRIME POLICE STATION, MADURAI CITY-625001, MADURAI DISTRICT. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.6417 of 2025 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.M/S.POLAX LEGAL SOLUTIONS, Advocate ( SR-4399[I] dated 21/04/2025 ) +1 CC to M/s.M/S.AJMAL ASSOCIATES, Advocate ( SR-4415[I] dated 21/04/2025 ) ORDER IN CRL OP(MD) No.6417 of 2025 Date :17/04/2025 SS/SAR- /27/05/2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6 https://www.mhc.tn.gov.in/judis