R.S.Shiju v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN R.S.Shiju S/o. Rajasekar, No.22-86A, Peraivilai, Pallyadi, P.O.Kalkulam Taluk, Nagercoil.
..Petitioner(s) Vs State represented by:
The Inspector of Police, Cyber Crime Wing, Tambaram Commissioner Office, Chennai.
[Cr.No.3 of 2026] ..Respondent(s) PRAYER: The Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in the Cr.No.3 of 2026 on the file of respondent police pending investigation. For Petitioner(s):
Mr. V.Ramamurthy For Respondent(s):
Mr. S. Vinoth Kumar, Government Advocate (Criminal side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 14.01.2026 for the alleged offences under Section 75(1) and 351(4) of B.N.S. read with Section 66C, 66E and 67 of Information Technology Act, 2000 in Crime No.3 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner and the victim had acquainted with each other through Instagram and developed relationship between them, which led to sharing of private photographs and videos of the victim with the petitioner. Thereafter, the petitioner threatened the victim by demanding money stating that if money is not paid by the victim, her private photos and videos would be uploaded in the social media and he had collected Rs.1,60,000/- from the victim and further demanded a sum of Rs.2,50,000/- from her. Hence the case.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been under incarceration since 14.01.2026. He would further submit that the petitioner has been falsely implicated in this case and he is ready and willing to abide by any condition that may be imposed by this Court and hence prays for grant of bail to the petitioner.
4. The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and objected the bail application. However, he fairly submitted that investigation was completed and charge sheet was also filed and the petitioner has no previous cases.
5. I have given anxious consideration to the submissions made by the learned counsel on either side.
6. From the submissions made on either side, it is clear that investigation has been completed in the present case and there is no previous case against this petitioner. Therefore, taking into consideration of the circumstances stand against the petitioner, considering the nature of allegations against him and long incarceration of the petitioner since 14.01.2026, this Court is inclined to enlarge the petitioner on bail, subject to the following stringent 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 each, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tambaram and on further conditions that: [a] 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; [b] the petitioner shall sign before the trial Court concerned as and when the case is posted for hearing.
[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 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]:
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
25-03-2026 MJS 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 Judicial Magistrate No.I, Tambaram.
2. The Inspector of Police, Cyber Crime Wing, Tambaram Commissioner Office, Chennai.
3. The Superintendent of Police, Central Prison, Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras.
C.KUMARAPPAN, J.
MJS 25-03-2026