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2025 DAILYLAW 70253 (MAD)

S.ANAND v. The State Rep by, The Inspector of Police,

CRL OP/18253/2025 · 2025-06-25

M Nirmal Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18253 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-06-2025 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 18253 of 2025 1. S.Anand Petitioner Vs The State Rep by, The Inspector of Police, CCW Chennai East Police Station, Chennai. Cr.No.14/2025. Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail the petitioner/accused is arrested on 29.05.2025 by the respondent police in connection with the Cr.No.14/2025, on the file of respondent police. For Petitioner: Mr.M.Prakash For Respondent: Mr.A.Gokulakrishnan Additional Public Prosecutor https://www.mhc.tn.gov.in/judis CRL OP No. 18253 of 2025 ORDER The petitioner, who was arrested and remanded to judicial custody on 29.05.2025, for the offences punishable under Sections 351(2) of BNS Act and 66 of IT Act, in connection with Crime No.14 of 2025, registered on the file of the respondent, seeks bail. 2. The case of the prosecution is that the petitioner created fake mail ID in the name of the defacto complainant containing the defacto complainant's personal details and sent e-mails to the company officials and other authorities alleging that the defacto complainant is facing sexual harassment at the hands of his colleague. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and he prays for grant of bail to the petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 18253 of 2025 4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner and the de-facto complainant were working in the same company. During investigation, it came to light that the petitioner had created the fake ID in the name of the defacto complainant and he was nabbed through live location of his cellphone. Now, petitioner's mobile phone and the laptop has been seized. 5. Heard both sides and perused the materials available on record. 6. Considering the submissions made on either side and the period of incarceration undergone by the petitioner, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XI https://www.mhc.tn.gov.in/judis CRL OP No. 18253 of 2025 Metropolitan Magistrate Court, Saidapet, 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 petitioner shall report before the respondent police as and when required for interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner 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 petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble https://www.mhc.tn.gov.in/judis CRL OP No. 18253 of 2025 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. 25-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No 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. https://www.mhc.tn.gov.in/judis CRL OP No. 18253 of 2025 To 1.The State Rep by, The Inspector of Police, CCW Chennai East Police Station, Chennai. Cr.No.14/2025. 2.The XI Metropolitan Magistrate Court, Saidapet. 3.The Superintendent, Central Prison, Puzhal. 4.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18253 of 2025 M.NIRMAL KUMAR J. gbi CRL OP No. 18253 of 2025 25.06.2025 25-06-2025 https://www.mhc.tn.gov.in/judis