The Madras High Court dismissed a petition for anticipatory bail under Section 438 Cr.P.C. The petitioner faced charges of sending nude photos and sharing them on social media. The court, noting the heinous nature of the offence, declined to grant bail.
Anticipatory bail under Section 438 Cr.P.C. denied; petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL OP(MD) No.14976 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of December Two Thousand and Twenty Three PRESENT
The Hon`ble Mr.Justice V. SIVAGNANAM CRL OP(MD) No.14976 of 2023
R.YOSUWA ... PETITIONER/SOLE ACCUSED
Vs
THE INSPECTOR OF POLICE THANJAVUR CYBER CRIME POLICE STATION, THANJAVUR DISTRICT. CRIME NO.20 OF 2023.
... RESPONDENT/COMPLAINANT
For Petitioner : M/S.D.RAJABOOPATHY, Advocate For Respondent : MR.RMS.SETHURAMAN, Additional Public Prosecutor
PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C.
PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.20 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :-
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 354-D of IPC and r/w 66-D & 67-A of
Information Act, in Crime No.20 of 2023 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner herein sent the nude photos of the defacto complainant to her husband and also shared the same in the social
media. Hence the case. https://www.mhc.tn.gov.in/judis
1/3
CRL OP(MD) No.14976 of 2023
3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner and the defacto complainant loved each other and thereafter, they performed their marriage before the Register Office in the year 2022. Due to some difference of opinion, she married another man and foisted a false case against him. Hence, he seeks bail.
4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that petitioner herein sent the nude photos of the defacto complainant to her husband and shared the same in the social media. He would further submit that the petitioner is used to give threat to the defacto complainant that if she did not give money asked by him, he uploaded her nude photos in the social media. In this regard, in the year 2019 and 2022, two complaints were given by the defacto complainant before the All Women Police Station, Bodinayakkanur, Theni District. On enquiry, he gave an undertaking that he would not give any threat to the defacto complainant in future and never demanded any money from her and he also deleted the alleged photos of her. Per contra to the above said undertaking, again, he has committed the same offence. Hence, he seriously objected to grant anticipatory bail to the petitioner.
5.Considering the facts and circumstances of the case and also taking into https://www.mhc.tn.gov.in/judis
2/3
CRL OP(MD) No.14976 of 2023
consideration the heinous offence committed by the petitioner against the defacto complainant, this Court is not inclined to grant bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed.
sd/12/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, (CS. I / II / III / IV) Madurai - 625 023.
DSS
TO
1 THE INSPECTOR OF POLICE, THANJAVUR CYBER CRIME POLICE STATION, THANJAVUR DISTRICT.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.14976 of 2023 Date :12/12/2023
RS/JGB/SAR-(02.01.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
3/3
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C for the offences punishable under Sections 354-D IPC and 66-D and 67-A of the Information Technology Act.
Whether the petitioner who apprehends arrest for sending nude photos should be granted bail considering the nature of the offence.
4 provisions across 3 enactments
R.YOSUWA
THE INSPECTOR OF POLICE THANJAVUR CYBER CRIME POLICE STATION
V. SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
