Berin D.Sekar v. State Rep By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-02-2026
CORAM
THE HON'BLE MR.JUSTICE K.RAJASEKAR Berin D. Sekar ..Petitioner(s) Vs The State Rep. By, The Inspector of Police, Cyber Crime Police Station, West Zone Chennai ..Respondent(s) PRAYER: This petition is filed under section 483 of BNSS To enlarge the Petitioners on Bail in Crime No. 02 of 2026, on the file of the Inspector of Police,Cyber Crime Police Station,West Zone Chennai or in the alternative, grant interim bail for the limited purpose of enabling the petitioner to appear for his forthcoming semester examinations and pass orders For Petitioner(s):
Mr.R.S. Jain LE Sadmar For Respondent(s):
Mr.A.Gopinath Government Advocate(Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 21.01.2026 for the alleged offence punishable under Sections 75(2), 78(1) 79(1), 308(2) of BNS and Section 67 A of the Information Technology Act in
Crime No.02 of 2026, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the allegation against this petitioner is that he is known to the victim girl and due to previous enmity this petitioner has sent various morphed photos and nude photographs of the victim to her Instagram ID. Hence the case was registered.
3. The learned counsel appearing for the petitioner submitted that all the photos were deleted from the Instagram and the petitioner is in judicial custody from 21.01.2026. He further submitted that the petitioner is ready to co-operate with the investigation and abide by any other stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that investigation in this case is pending and the petitioner's phone was seized and he has also deleted the photos of the victim girl. However, he opposed for grant of bail to the petitioner.
5. I have gone through the FIR and other connected records.
6. Considering the submissions made by both sides; the phone was seized; nature of offence; all other factors and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions:
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned XI Metropolitan Magistrate,Saidapet, Chennai and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or
witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
25-02-2026 smn Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. 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.
To 1.The learned XI Metropolitan Magistrate,Saidapet, Chennai 2.The Inspector of Police, Cyber Crime Police Station, West Zone Chennai 3.The Superintendent, Central prison at Puzhal, Chennai.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J.
smn 25-02-2026