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Madras High CourtCRL OP/23605/2025granted

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

2025-08-26Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Lakshmanan ... Petitioner Vs.

State Rep. by:

The Inspector of Police, Cyber Crime Police Station, Chennai North, Tondiarpet, Chennai (Crime No.35 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.35 of 2025 on the file of the respondent police. For Petitioner :

Mr.Swami Subramanian For Respondent :

Mr.L.Baskaran Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 23.07.2025, for the offence punishable under Sections 153A(1)(a), 1/4

294(b), 505(1)(c), 505(2) of IPC and Sections 3(1)(r) and 3(1)(u) of SC/ST (PoA), Act, 2015 read with 64 of Information and Technology Act, 2000 @ into Sections 153A(1)(a), 294(b), 505(1)(c), 505(2) of IPC read with 67 of Information and Technology Act, 2000, in Crime No.35 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner had forwarded the objectionable messages circulated on the social media on 15.06.2024, which were of a nature to incite communal hatreds. Hence, the present complaint.

3. Heard both sides and perused the materials available on record.

4. Considering the nature of the offence alleged against the petitioner and the period of incarceration already undergone, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

5. 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 learned XI Metropolitan Magistrate, Saidapet, Chennai and on further conditions 2/4

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 report before the respondent police daily at 10.30 a.m., until further orders;

[c] 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 26.08.2025 rpl Dr.G.JAYACHANDRAN, J.

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rpl 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 XI Metropolitan Magistrate, Saidapet, Chennai 2.The Inspector of Police, Cyber Crime Police Station, Chennai North, Tondiarpet, Chennai 3.The Superintendent, Central Prison, Puzhal. 4.The Public Prosecutor, High Court of Madras. 26.08.2025 4/4