“Will Come Out Of App & Will Not Be Part Of Any Social Media”: Madras HC Grants Bail To Person Accused Of Offence U/s. 377 IPC On Condition That He Leaves 'Grindr Gay App'

The Court directed the Investigating Officer to report the Grindr mobile app to the Ministry of Electronics & Information Technology that “it is used to commit offences/illegal purpose” so that appropriate action could be taken including blocking the app.

A Single Bench of Justice D. Bharatha Chakravarthy granted bail to the accused on the condition that “the petitioner shall file an undertaking affidavit that he will come out of the app and will not be part of the any social media of any nature and he will voluntarily surrender his mobile phone and intimate the respondent police that if he buy any new mobile phone.”

Advocate Balakrishnan appeared for the petitioner, while Addl. PP R.M. Anbunithi represented the respondent.

The accused was arrested and remanded to judicial custody for the offences punishable under Sections 294(b), 377, 387 and 506(2) of the IPC. The accused had filed a petition seeking bail under Section 483 of the BNSS.

The Madurai Bench noted that the defacto complainant and the accused were both members of an app called Grinder Gay App. “The very name of the app suggests that the purpose. It is illegal not for the question of being homosexual but for serving only a prurient and sexual interest of the parties,” the Bench remarked.

Pursuant to contact through the said app, the Court further noted that the accused allegedly took the defacto complainant to a secluded place, sexually abused him, and also robbed him of his chain and credit card.

“Considering the nature of allegations made against the petitioner and also considering the undertaking given by the learned counsel for the petitioner that he will come out of the app and will not be part of the any social media of any nature and he will voluntarily surrender his mobile phone and intimate the respondent police that if he buy any new mobile phone, this Court is inclined to grant bail to the petitioner on certain conditions,” the Court observed.

The Court also took note of how the app was being used to commit offences and for illegal purposes, and therefore, directed the Investigating Officer to “report about the mobile app to the appropriate agency namely, the Ministry of Electronics & Information Technology, Government of India” to block the said app.

Consequently, the Court held, “Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate, Nanguneri.”

Accordingly, the High Court allowed the petition.

Cause Title: Maharaja v. The Inspector of Police

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