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Synopsis

The Madurai Bench of the Madras High Court, in a recent judgment, expressed significant concern regarding the potential misuse of social media and dating applications, specifically pointing to the Grindr Gay App as a platform that could be exploited for illegal activities.

Court's apprehension arose during the hearing of a bail petition filed by Maharaja, an accused in a case involving multiple offences, including sexual assault and robbery, facilitated through the said application.

Maharaja, who was arrested and remanded in judicial custody on July 3, 2024, faced serious charges under Sections 294(b), 377, 387, and 506(2) of the Indian Penal Code (IPC). The allegations against him were that he, after connecting with the defacto complainant via the Grinder app, lured the complainant to a secluded area. There, he reportedly sexually assaulted the victim and robbed him of his valuables, including a gold chain and a credit card, subsequently withdrawing Rs 1.15 lakhs using the stolen card.

The bench of Justice D. Bharatha Chakravarthy granted bail to the accused but imposed strict conditions. The judge emphasized that while the app itself is not illegal due to its association with the LGBTQ+ community, its primary purpose, which the court described as serving "prurient and sexual interests," made it susceptible to exploitation for criminal activities.

In his order, Justice Chakravarthy ordered the accused to submit an affidavit undertaking to disengage from the app and any form of social media. Additionally, Maharaja was directed to surrender his mobile phone and notify the police if he acquired a new device.

Further, the court directed the Investigating Officer in the case to report the matter to the Ministry of Electronics & Information Technology (MeitY), highlighting that the app was being used to commit offences for them to consider for appropriate action including blocking in accordance with law.

The order also included provisions to ensure the accused's compliance with the bail conditions. Maharaja is required to report daily to the Moondradaippu Police Station for four weeks and thereafter as needed. The court warned that any violation of these conditions could result in the revocation of bail and the initiation of fresh legal action.

Case Title: Maharaja V.  The Inspector of Police, Moondradaippu Police Station