Saranraj v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Saranraj

...Petitioner/Accused 1

Vs.

State rep by The Inspector of Police, Delta -4, Cyber Crime Police Station, Central Crime Branch, Chennai.

(Crime No.17 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.17 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.T.Muruganantham For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 7

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 21.03.2025, seeking bail in Crime No.17 of 2025 registered for the offence under Sections 296(b), 351(3), 353(1)(b) of BNS, 2023 and Section 67 of Information Technology Act, 2000.

2.It is the case of the prosecution that the petitioner had posted obscene and derogatory comments about a Minister of the State of Tamil Nadu in X (Twitter) and also threatened that they would create law and order problems in the State. Hence, the case. 3.The learned counsel for the petitioner would submit that the allegations are false; that he is an engineering graduate; that the petitioner is in custody from 21.03.2025; and that he would undertake without prejudice to his defence that he would not make such derogatory comments in social media in future.

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4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioner has no bad antecedents.

5.The allegations against the petitioner would reveal that the petitioner had posted obscene and derogatory comments about the Minister of the State in social media, which is certainly not in good taste. The learned counsel undertakes to file an affidavit of the petitioner before the Trial Court without prejudice to his defence that he would not indulge in such offences by posting derogatory comments in social media. 6.Considering the aforesaid facts, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions:

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7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the XI Metropolitan Magistrate/XI Judicial Magistrate Court, 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 everyday at 10.30 a.m., until further orders. [c] the petitioner shall file an affidavit of undertaking before the Magistrate, without prejudice to his defence that he would not post such messages and that he would not indulge in such activities in future. [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the Page No.4 of 7

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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

21.04.2025 ata Page No.5 of 7

Copy to:

1.The Inspector of Police, Delta -4, Cyber Crime Police Station, Central Crime Branch, Chennai.

2.The XI Metropolitan Magistrate/XI Judicial Magistrate Court, Saidapet, Chennai.

3.The Superintendent of Prison, Central Prison, Puzhal. 4.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

ata 21.04.2025 Page No.7 of 7