Sai Nirmal .T v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sai Nirmal.T ..Petitioner Vs State rep. by The Inspector of Police, Cyber Crime Police Station, East Zone, Greater Chennai Police, Vepery, Chennai - 600 007.

Crime No.03 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Accused/petitioner on anticipatory bail in the event of his arrest in pending investigation in Cyber Crime PS, East Zone, Vepery, Crime No.03 of 2026 dated 14.01.2026 on the file of the Respondent.

For Petitioner:

Mr.K.R.Hariharan For Respondent:

Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 192, 296(b) and 353(1)(b) of the Bharatiya Nyaya Sanhita, 2023 in Crime No.03 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that he had posted certain comments on social media, which were construed as causing public mischief. Hence, the case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the entire allegation is based on a social media comment and no physical act or violence is attributed to the petitioner. It is also submitted that the petitioner is a permanent resident and is available for enquiry and has not absconded. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent strongly opposed the anticipatory application on the ground that the petitioner has made statements on social media which are under investigation. It is further submitted that the offences invoked relate to public mischief and require proper enquiry. However, it is fairly submitted that the co-accused has already been granted anticipatory bail on 17.03.2026 in Crl.O.P.No.6933 of 2026.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the submission of the learned counsel on either side, it is seen that the allegation against the petitioner is based on a social media post and not on any physical act. Further, taking into consideration the nature of allegations and that the co-accused has already been granted anticipatory bail on 17.03.2026 in Crl.O.P.No.6933 of 2026, this Court is of the view that custodial interrogation of the petitioner is not necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned XI Metropolitan Magistrate, Saidapet, Chennai 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 like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) 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 identify

proofs to ensure their identity;

(c) The petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

23-03-2026 NSL To

1. The Inspector of Police, Cyber Crime Police Station, East Zone, Greater Chennai Police, Vepery, Chennai - 600 007.

2. The Public Prosecutor High Court of Madras.

3.The learned XI Metropolitan Magistrate, Saidpet, Chennai.

C.KUMARAPPAN, J.

NSL 23-03-2026