S.G.Suryah v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Dr. S.G.Suryah ... Petitioner/A1 Vs.

The State Rep. By, The Inspector of Police, B1 Town Police Station, Salem City.

Crime No.39 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.39 of 2026 on the file of the respondent police.

For Petitioner :

Mr.R.C.Paul Kanagaraj Mr.Ananthakrishna K.P for Mr.Abhilash Gopinathan For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor 1/6

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 352, 353 and 196 of BNS, 2023 in Crime No.39 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner while participating in the protest had made certain remark more particularly alleging that in Tamil Nadu, 34,497 school children were subjected to teen pregnancy during the present Government. This was taken as a false statement and the complaint has been lodged against the petitioner. Hence, the case was registered.

3. The learned counsel for the petitioner submitted that there are some statistics available in the social media and those statements were referred and there is no false statement or any other statement insisting violence by the petitioner herein and he has only stated about the teen pregnancy prevailing in the state and for investigating the allegations, custodial interrogation is not necessary. Hence, he prayed for grant of anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Crl. Side) by filing a typeset submitted that petitioner served with notice under Section 35(3), 35(4) of BNSS calling him to appear before the respondent police for the purpose of conducting enquiry, however he sent excuses by stating different reasons and also affixed two different signatures in reply letters and thereby he is trying to hamper investigation and the statement of petitioner is false and twisting facts. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. I have gone through the transcription of the speech said to have been made by the petitioner herein, wherein he has stated certain facts regarding teen pregnancy, whether those facts are true or not is to be investigated by the respondent police, however, custodial interrogation the investigation the case of this nature is not necessary, hence this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Salem on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties each for a 3/6

like sum to the satisfaction of the learned Magistrate concerned, and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] 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;

[c] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of two weeks and thereafter as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

4/6

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 27.02.2026 sma To

1. Judicial Magistrate No.1, Salem.

2.The Inspector of Police, B1 Town Police Station, Salem City.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

5/6

sma 27.02.2026 6/6