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Madras High CourtCRL OP(MD)/3342/2026granted

Parose v. The State Of Tamil Nadu

2026-02-17Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.02.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.3342 of 2026 Parose ... Petitioner/Accused Vs The State of Tamil Nadu Rep.By, the Sub Inspector of Police, Bazaar Police Station, Ramanathapuram District.

(Crime No.47 of 2026) ... Respondent/Complainant For Petitioner : Mr.H.Mahamed Hussain Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.47 of 2026 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 352, 353(2) of BNS Act, in Crime No.47 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had posted an objectionable message against the another community through his instagram ID. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crk.Side) submitted that there are no previous case pending against the petitioner and the investigation is still pending. However, he opposed for grant of anticipatory bail to the petitioner.

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5. Considering the facts and circumstances of the case and also the fact that there are no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Judicial Magistrate Court No.1, Ramanathapuram, within a period of fifteen days from the date on which the order copy was made ready and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioner is hereby directed to remove the objectionable message from his Instagram account 3/6

and to surrender his mobile phone to the respondent police. Furthermore, the petitioner is required to submit an affidavit of undertaking before the satisfaction court at the time of producing sureties, affirming that he will refrain from posting any such objectionable content in the future. Additionally, the petitioner shall report to the respondent police daily at 10:30 a.m. until further orders.

[c]the petitioner shall not tamper with the 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 4/6

petitioner is 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].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 17.02.2026 msrm To 1.The Judicial Magistrate Court No.1, Ramanathapuram.

2. The Sub Inspector of Police, Bazaar Police Station, Ramanathapuram District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J msrm

ORDER

IN 17.02.2026 6/6