Crl.O.P.No.13954 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.05.2025 CORAM THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.13954 of 2025 1. Kalaiyarasan 2. Ranjith 3. Santhosh ... Petitioners Vs. State Rep. by, The Sub-Inspector of Police, Alangayam Police Station, Thirupathur District. (Crime No.36 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in Crime No.36 of 2025, on the file of the respondent Police. For Petitioners : Mr.E.Kannadasan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13954 of 2025 O R D E R The petitioners, who were arrested and remanded to judicial custody on 10.04.2025 for the offences punishable under Sections 11(5), 12 of POCSO Act and Sections 77, 351(2) of BNS 2023 and Section 67A of Information Technology Act, in Crime No.36 of 2025 on the file of the respondent police, seek bail. 2. The case of the prosecution is that the first petitioner and the victim had become friends through instagram. The victim's father is a dialysis patient and her mother used to accompany with her father. At that time, the petitioner has forced the victim to post some videos of her in the instagram. The other petitioners are the friends of the first petitioner and also forced the victim girl to post some photographs and videos. The victim girl has posted some videos in the instagram which was circulated widely, the same was seen by the victim's mother. When the petitioner was called for, he has handed over his mobile phone and was informing that the victim girl was voluntarily sent the photographs and videos of her. Hence the complaint. 3. The contention of the learned counsel appearing for the petitioners is that the petitioners have been falsely implicated in this case. The victim and the first petitioner had become friends through instagram and the victim has also 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13954 of 2025 posted some videos which was circulated widely and they had been regularly chanting. He further submitted that the petitioners were arrested on 10.04.2025. He also submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners. 4. Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and further submitted that the mobile phone of the first petitioner has been seized and steps have been taken to delete the photographs and videographs in the instagram and erase the obscene photographs from the mobile phone. Hence, he opposed for granting bail to the petitioners. 5. Heard both sides and perused the materials available on record. 6. Considering the facts and circumstances of the case, the submission made by the learned counsel appearing on either side and the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioner with certain conditions. 7. Accordingly, the petitioners are ordered to be released on bail on their executing separate bonds each for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13954 of 2025 learned District and Sessions Judge, Thirupathur, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation; [c] the petitioners shall make herself available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioner 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13954 of 2025 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)13 SCC 283]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 14.05.2025 Note : 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13954 of 2025 M.NIRMAL KUMAR, J. Vv To 1. The District and Sessions Judge, Thirupathur. 2. The Sub-Inspector of Police, Alangayam Police Station, Thirupathur District. 3. The Superintendent, Central Prison, Vellore. 4. The Public Prosecutor, High Court of Madras. Crl.O.P.No.13954 of 2025 14.05.2025 6/6 https://www.mhc.tn.gov.in/judis