Karthikeyan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.05.2025 PRESENT The HONOURABLE MR.JUSTICE K.RAJASEKAR Karthikeyan ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Cyber Crime Police Station, Madurai City, Madurai District.

(Crime No.39 of 2025) ... Respondent/Complainant For Petitioner : Mr.R.Ramguru For Respondent : Mr.S.Prakash Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.39 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 192, 196(1)(a), 196(1) (b), 352, 353 (1)(b), 353(1)(c) and 353(2) of BNS Act, 2023 r/w Section 66(D) of IT Act, 1/4

in Crime No.39 2025, seek anticipatory bail.

2. The case of the prosecution is that the petitioner has made a social media post, which has created unrest in the society by exploiting religious sentiments. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner has not posted any such message and the police has also issued summons to the petitioner and he has also appeared to explain the same. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that since the petitioner posted a message which has created unrest in the society, they have registered an F.I.R and investigation is pending. He also submits that there are no previous case pending against the petitioner.

5. Considering the nature of the allegation and the fact that the case was registered on 10.02.2025, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Madurai, Madurai District, on condition that the petitioner shall 2/4

execute a bond for a sum of Rs.15,000/-(Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 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 two weeks;

(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; 3/4

(f)if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 14/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gbg TO 1.The Judicial Magistrate No.I, Madurai, Madurai District. 2.Do through the Chief Judicial Magistrate, Madurai. 3.The Inspector of Police,Cyber Crime Police Station,Madurai City,Madurai District.

4. The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. ORDER IN CRL OP(MD) No.8753 of 2025 Date :14/05/2025 PP/28.05.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4