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Madras High CourtCRL OP/14404/2025granted

S.Praveen v. State Represented By

2025-05-08Honourable Mrs.Justice L.Victoria Gowri6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.05.2025

CORAM

THE HON'BLE MRs.JUSTICE L.VICTORIA GOWRI CRL OP.No.14404 of 2025 S.Praveen ... Petitioner / Accused 2 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: - The Criminal Original Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, praying to enlarge the petitioner on bail in Crime No.17 of 2025 on the file of the respondent police.

For Petitioner : Mr.T.Muruganantham For Respondent : M/s.J.R.Archana Government Advocate (Criminal Side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 08.04.2025, for the offences punishable under Sections 296(b), 351(3), 353(1)(b) of BNS, 2023, in Crime No.17 of 2025, on the file of the respondent, seeks bail.

2.The case of the prosecution is that the petitioner along with the other accused 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 petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner has been in custody from 08.04.2025. He would further submit that A1 was granted bail by this Court in Crl.O.P.No.11495 of 2025. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner. 2/6

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and confirmed that A1 was granted bail by this Court.

5.Heard both side learned counsel and perused the materials available on record.

6.Considering the nature of allegations, the fact that the co-accused has been released on bail by this Court, the period of incarceration undergone by the petitioner from 08.04.2025 and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten 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:

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[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 three months and thereafter, as and when required for investigation.

[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 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.

08.05.2025 ata/ep 4/6

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 official website of this Court will be watermarked and will also have a QR code.

To 1.The XI Metropolitan Magistrate / XI Judicial Magistrate Court, Saidapet, Chennai.

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

3.The Superintendent of Prison, Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras.

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L.VICTORIA GOWRI , J.

ata/ep CRL.OP.No.14404 of 2025 08.05.2025 6/6