Esanasivam v. The State Of Tamilnadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 18399 of 2025 Esanasivam @ Raja ..Petitioner/A1 Vs State Of Tamilnadu, Rep By The Inspector Of Police, Cyber Crime Police Station, Kanyakumari District.

(Crime No.1 of 2025) Respondent(s) For Petitioner(s):

Mr.Balajinivas For Respondent(s):

Mr.S.S.Manoj Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.1 of 2025 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 308 of BNS, 2023 and 66E, 67 and 67A of Information Technology Act, in Crime No.1 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 01.12.2024, the petitioner and other accused contacted the defacto complainant and stated that the defacto complainant had sexual intercourse with a lady and the same was videographed and further alleged that they demanded Rs.10,00,000/- from him otherwise they will publish the same in the social media and the same was refused by him and they published the same in the social media. Hence, the case.

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3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent Police submit that the respondent police has filed a cancellation of bail petition in Crl.M.P.No.1891 of 2025, before the learned Judicial Magistrate No.II, at Nagercoil and the same was allowed by the learned Judicial Magistrate No.II, at Nagercoil, vide order dated 18.09.2025 and also cancelled the bail, which was granted by this Court in Crl.M.P.No.837 of 2025, dated 24.02.2025 and also issued the non bailable warrant against the petitioner, on 18.09.2025. Thereafter, he filed the present petitioner. Hence, he seeks to dismiss this petition.

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5.Considering the facts and circumstances of the case, this Court is directing the petitioner to surrender before the learned Judicial Magistrate No.II, at Nagercoil, Kanyakumari District. The petitioner shall submit a bail application before the learned Judicial Magistrate No.II, at Nagercoil, Kanyakumari District. On such submission, the learned Judicial Magistrate shall consider the bail application in accordance to law on merits on the same date.

6.With the above said directions, the criminal original petition is disposed of.

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To 1.The learned Judicial Magistrate No.II, at Nagercoil, Kanyakumari District.

2. The Inspector Of Police, Cyber Crime Police Station, Kanyakumari District.

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

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.18399 of 2025 Date : 23.10.2025 6/6