Sahayam James v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Sahayam James Petitioner/A6 Vs The State Rep by, The Inspector of Police, Cyber Crime Police Station CCD, Central Crime Branch-I, Chennai.
Crime No. 55 of 2025.
Respondent PRAYER Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail in Crime No. 55 of 2025 pending investigation on the file of the respondent police.
For Petitioner:
Mr.P.Arumugavel For Respondent :
Mr. E.Raj Thilak Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 29.09.2025, for the offences punishable under Sections 192, 353(1)(b), 353(2) of BNS and Section 66D, 67 of IT Act in Crime No.55 of 2025, registered on the file respondent police, seeks bail.
2.The allegation against the petitioner is that he had involved spreading bad defamatory statements against the higher officials of the Government of Tamilnadu. The respondent police arrested the petitioner on 29.09.2025. Hence the case.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution, based on the co-accused, the petitioner has been falsely implicated in this case. He further submits that the co-accused were granted bail in Crl.M.P.No. 10251 of 2025 dated 06.10.2025 by the XI Metropolitan Magistrate/XI Judicial Magistrate, Saidapet, Chennai. He further submits that the petitioner is in
custody from 29.09.2025. He further submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.
4.The learned Government Advocate (Crl.side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submits that already summon was served to the petitioner in various other cases. However, he has not appeared. After releasing from various offences, the petitioner committed in other offences, was arrested and he is having bad antecedents and he was involved in various listed out cases. 5.I have also also gone through the counter and list of previous cases against the petitioner, it reveals that the petitioner has posted various speeches with the intention of promoting, insulting and also misleading information on the higher officials of the Government. However, considering the contents of the FIR posted in this case and considering incarceration, the petitioner is entitled for grant of bail, therefore, I am inclined to grant bail to the petitioner
with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned XI Metropolitan Magistrate, Saidapet, Chennai, and on further conditions 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 appear before respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required for interrogation.
[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.
18-11-2025 MSM Index:Yes/No Speaking/Non-speaking order 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 State Rep by, The Inspector of Police, Cyber Crime Police Station CCD, Central Crime Branch-I, Chennai.
Crime No. 55 of 2025.
3.The Superintendent, Central Prison, Puzhal, Chennai.
4. The Public Prosecutor, High Court, Madras.
K.RAJASEKAR J.
MSM CRL OP No. 30345 of 18.11.2025