Dismissed

Nagaraj v. The Inspector of Police

Madras HC6 Sept 2024CRL OP(MD)/14048/2024

Case brief

AI extract

What is this about?

The Madras High Court declined to grant anticipatory bail to petitioners accused of sexual harassment and voyeurism. The Court noted that mobile phones were yet to be recovered by police and consequently dismissed the petition, inviting cancellation bail applications for another co-accused.

What did the court decide?

The Criminal Original Petition for anticipatory bail is dismissed as the Court is not inclined to grant bail given the pending recovery of mobile phones.

Nagaraj Vs The Inspector of Police — Anticipatory Bail | Madras HC (2024)

¶1

CRL OP(MD). No.14048 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

( Criminal Jurisdiction )

¶4

Date : 06/09/2024

¶5

PRESENT

¶6

The Hon`ble Mr.Justice B.PUGALENDHI

¶7

CRL OP(MD). No.14048 of 2024

¶8

Nagaraj 2. Yowan Selvam ... Petitioners/Accused 3 & 5 Vs

¶9

The Inspector of Police, Odaipatti Police Station, Theni District. (Crime No. 94 of 2024). 2. The Superintendent of Police, Theni District. ...Respondents/Complainants

¶10

(R2 is Suo-Motu Impleaded as per Order of the Court dt.27.08.2024 in Crl.OP(MD). 14048/2024)

¶11

For Petitioner : M/s. JOSEPH JERRY.A., Advocate

¶12

For Respondent : Mr.B.THANGA ARAVINDH, Government Advocate (Crl.Side)

¶13

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS https://www.mhc.tn.gov.in/judis

¶14

1/4

¶15

CRL OP(MD). No.14048 of 2024

¶16

PRAYER :- For Anticipatory Bail in Crime No. 94 of 2024 on the file of the respondent police.

¶17

ORDER : The Court made the following order :-

¶18

The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.94 of 2024, for the offence punishable under Sections 147, 294(b), 354C, 509 and 506(i) IPC and Section 4 of TNPHW Act and Sections 66E of IT Act, have filed this petition seeking anticipatory bail.

¶19

The case of the prosecution is that the second accused has recorded a video while the defacto complainant was taking bath and circulated in the same in the whatsapp group. Thereafter on 01.06.2024, A1, A2 and A9 came to the defacto complainant's house and A1 sexually harassed her and the other accused assaulted her and threatened her with dire consequences. Hence, the case.

¶20

3.The learned counsel appearing for the petitioners submits that in this case, the fifth accused was granted anticipatory bail. Hence, he prays for grant of anticipatory bail to the petitioners.

¶21

4.The learned Government Advocate (Crl.Side) appearing for the respondent Police raised serious objections to grant anticipatory bail stating that the petitioners' mobile phones have to be recovered to find out the nexus of the petitioners with the commission of offence and the communications if any made by them. The mobile https://www.mhc.tn.gov.in/judis

¶22

2/4

¶23

CRL OP(MD). No.14048 of 2024

¶24

phones can be recovered only after the arrest. The learned Government Advocate (Crl.Side) submits that the respondent police are taking steps to move cancellation of anticipatory bail for the fifth accused.

¶25

Considering the nature of offence and also considering the objections raised

¶26

by the learned Government Advocate (Crl.Side) that the petitioners' mobile phones

¶27

are yet to be recovered, this Court is not inclined to grant anticipatory bail to the petitioners.

¶28

Accordingly, this Criminal Original Petition is dismissed.

sd/-

06/09/2024

/ TRUE COPY /

/09/2024

Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

¶34

LR TO

¶35

1 THE INSPECTOR OF POLICE, ODAIPATTI POLICE STATION, THENI DISTRICT.

¶36

2 THE SUPERINTENDENT OF POLICE, THENI DISTRICT.

¶37

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

¶38

https://www.mhc.tn.gov.in/judis

¶39

3/4

¶40

CRL OP(MD). No.14048 of 2024

¶41

ORDER IN CRL OP(MD) No.14048 of 2024 Date :06/09/2024

¶42

SA/SG/SAR. /13.09.2024/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

¶43

https://www.mhc.tn.gov.in/judis

¶44

4/4

Nagaraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Nagaraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

C.Stephen Selvakumar, Vs the Superintendeing Engineer

The Superintending Engineer Vs the Presiding Officer

The Management Vs the Presiding Officer

Rajalingam Vs The Inspector of Police

Gajendran @ Pichandi Vs The Inspector Of Police

Sambath Vs The Deputy Superintendent of Police