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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.22001 of 2025 Sakthi ... Petitioner -vsState Rep by, The Inspector of Police, CCW (Cyber Crime Wing) - Police Station, CCD-II, Salem City.

(Crime No.33 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, 2023, to enlarge the petitioner on anticipatory bail in the event of arrest in Crime No.33 of 2025 on the file of the respondent police. For Petitioner :

Mr.K.Prasath For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl. Side) ********** 1/6

ORDER

The petitioner, who apprehends arrest for the alleged offence punishable under Sections 192, 196(1), 352 & 353(2) of BNS Act (Sections 153, 153A, 504 & 505(2) of IPC) in Crime No.33 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of prosecution is that the defacto complainant is the Special Sub-Inspector of Police in social media - Salem City. The defacto complainant had found that on 16.10.2024 through the Twitter account in the name of "BhaRat tHe" the accused had uploaded the video against the Government by stating that Tirunelveli District administration conducted the exhibition in the Christian Church ground, while availability of Government Exhibition ground at Corporation Office. On 23.05.2024 the accused had uploaded the provocative videos and photos in twitter account against the Muslim Religion. Hence this case.

3. The learned counsel appearing for petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

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4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the accused had uploaded the provocative videos and photos in social media. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances, and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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 of receipt of a copy of this order before the learned Judicial Magistrate-III, Salem, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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;

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(b) the petitioner shall report before the respondent police on every Tuesday Saturday at 10.30 a.m., for a period of twelve weeks and the petitioner is also directed to co-operate the investigation, if any deviation bail dismissed automatically;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond 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]; and;

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(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

11.09.2025 rna 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 Judicial Magistrate-III, Salem. 2.The Inspector of Police, CCW (Cyber Crime Wing) - Police Station, CCD-II, Salem City.

3.The Public Prosecutor, High Court, Madras.

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T.V.THAMILSELVI, J.

rna Crl.O.P.No.22001 of 2025 11.09.2025 6/6