Crl.O.P.No.3899 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.02.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.3899 of 2025 Chandan Kumar ... Petitioner Vs. The State represented by, The Sub Inspector of Police, R-10 MGR Nagar Police Station, T.Nagar, Chennai. (Crime No.24 of 2025). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.24 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.R.Parthiban For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) O R D E R This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 25.01.2025, seeking bail in Crime No.24 of 2025 registered for the offence under Sections 77 of BNS 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3899 of 2025 (354(C) of IPC) read with Section 66E of Information Technology Act and Section 4 of TNPHW Act. 2. The case of the prosecution is that the petitioner, who was the victim's neighbour, had taken video of the victim with his mobile from the roof top while she was taking bath Hence, the case. 3. Learned counsel appearing for the petitioner submitted that the mobile phone of the petitioner has been seized. He further submitted that the petitioner is in custody from 25.01.2025 and since further custody is not required, the petitioner may be released on bail. 4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that the petitioner is a North Indian and further submitted that if he is released on bail, some stringent conditions may be imposed. 5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3899 of 2025 6. Considering the fact that the mobile phone has been seized; period of incarceration; and that since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions. 7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two blood sureties, each for a like sum to the satisfaction of the learned XXIII Metropolitan Magistrate, Saidapet [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 stay at Vellore and report before the Inspector of Police, Vellore Town Police Station, everyday 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; 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3899 of 2025 [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 absconds, a fresh FIR can be registered under Section 269 B.N.S. 17.02.2025 Sma To 1. XXIII Metropolitan Magistrate, Saidapet. 2. The Sub Inspector of Police, R-10 MGR Nagar Police Station, T.Nagar, Chennai. 3. The Superintendent, Central Prison, Puzhal. 4. The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.3899 of 2025 SUNDER MOHAN., J. Sma Crl.O.P.No.3899 of 2025 17.02.2025 5/5 https://www.mhc.tn.gov.in/judis