HC denies bail to ‘postman’ delivering obscene messages

Chandigarh, June 14: The Punjab and Haryana High Court has denied bail to a “postman” allegedly delivering obscene messages on an addressee’s mobile phone after handing over a parcel to her.

The state, in his case, claimed that the accused was not a postman. Rather, his wife was in the postal service, but she never went to the office and her husband was working in her place.

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Accused-petitioner Sandeep Kumar had moved the High Court for anticipatory bail in a case of criminal intimidation and other offences registered on September 15, 2016, under Sections 66 and 66-A of the Information Technology Act, along with Sections 509 and 506 of the IPC at Bhawanigarh police station in Sangrur. Section 67-A of the IT Act and Section 201 of the IPC were added later.

Justice Anita Chaudhry’s Bench was told during the course of hearing that the accused-petitioner had served as a postman and was known to the complainant as he had delivered a parcel containing an ATM card. Thereafter, they remained in touch for a while.

The counsel added a compromise had been struck. The petitioner was also granted police bail. But the police added Section 67-A of the Information Technology Act, which was the only non-bailable provision.

“The WhatsApp messages and the obscene photographs sent by the petitioner were shown during the course of arguments. The authority cited by the petitioner is not applicable as he was never released on bail by any court.

The police are yet to recover the phone and custodial interrogation would be necessary. It is not a fit case for grant of anticipatory bail. The petition is dismissed,” Justice Chaudhry concluded.

Source Tribune India