G.Sakthivel vs State

A.D.Jagadish Chandira, J

Petition seeking bail in respect of Crime No.07 of 2026 registered for the alleged offences punishable under Sections 308(2), 351(2) of BNS previously under Sections 383, 506 of IPC, Section 4 of TNPHW Act, Section 66D of IT Act @ Sections 308(2), 351(2), 75(2) of BNS previously under Section 383, 506, 354A of IPC and Section 4 of TNPHW Act, Section 66D, 67(A) of IT Act, is on board for consideration.

The learned counsel for the petitioner, pleading innocence on the part of the petitioner, who has been in incarceration since 28.03.2026 and false implication in the case, seeks indulgence of this Court. He also submits that the petitioner is in no way connected with the alleged offence. He further submits that there was a friendship between the victim and the petitioner which later turned sour and the de facto complainant has given a false complaint and his mobile phone also has been recovered. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

The case of the prosecution as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner had threatened to upload the obscene videos of the de facto complainant in the social media. He further submits that major portion of the investigation has been completed.

Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and 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 sureties each for a like sum to the satisfaction of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai and on further conditions that :

[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 Tiruvannamalai and appear before the Inspector of Police, Tiruvannamalai Town Police Station everyday at 10.30 a.m until further orders;

[c] the petitioner shall not abscond during trial;

[d] the petitioner shall not tamper with evidence or witness during trial;

[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 of B.N.S.