Gukan Vs The State Rep By, The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.165 of 2026 pending on the file of the respondent police.

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For Petitioner(s) : Mr.M.Vijaya Ragavan For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)

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ORDER

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The petitioners, who were arrested and remanded to judicial custody on

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29.05.2026 for the alleged offences under Sections 296(b), 77 and 351(2) of the

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Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 294(b), 354(C) and 506(i) of IPC) r/w Sections 67(A) and 66(E) of the Information Technology Act, in Crime No.165 of 2026 on the file of the respondent police, seek bail.

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2. It is the case of the prosecution that the petitioners are brother and sister and that the first petitioner was in a relationship with the daughter of the defacto complainant. Since the defacto complainant did not approve of their relationship, the first petitioner allegedly uploaded the private photographs of the defacto complainant and her husband. Hence, the case.

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3. The learned counsel for the petitioners would submit that the petitioners are innocent and have been falsely implicated in this case. He would further submit that the petitioners have been in custody since 29.05.2026 and are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioners, reiterated the prosecution case and, on instructions, submitted that the petitioners have no bad antecedents and that the investigation has already been completed.

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Considering the above facts and circumstances, particularly the period

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of incarceration undergone by the petitioners, the fact that the petitioners have no criminal antecedents, the fact that the second petitioner is a women, and also 2/6

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the fact that the investigation has already been completed, this Court is inclined to enlarge the petitioners on bail, subject to certain conditions.

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Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruthuraipoondi, Tiruvarur District, and subject to the following conditions:

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[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;

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[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 interrogation;

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[c] the petitioners shall not abscond either during investigation or trial;

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[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial;

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[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself,

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as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

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[f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

19.06.2026

skr

Note:

Registry is directed to forthwith upload this order in the Official Website of this Court.

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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.

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To

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