Esanasivam @ Raja v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CRL.RC.(MD)No.1444 of 2025 Esanasiva @ Raja, S/o.Mohan, No.89/7C, Vellalar West Street, Krishnancoil Nagercoil, Kanyakumari District Revision Petitioner vs.

The State of Tamil Nadu, represented by the Inspector of Police Cyber Crime Police Station, Kanyakumari District (Crime No.1 of 2025) Respondent PRAYER: This Criminal Revision Case is filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the records, relating to the order, dated 18.09.2025, passed in Crl.MP.No. 1891 of 2025, by the Judicial Magistrate No.II, Nagercoil, Kanyakumari District and to set aside the same.

For Revision Petitioner : Mr.S.Balaji Nivas For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side)

ORDER

1. This Court heard Mr.S.Balaji Nivas, the learned counsel for the Revision Petitioner and Mr.M.Karunanithi, the learned Government Advocate (Criminal Side), who accepts notice for the Respondent. 1/4

2. This Criminal Revision Case is filed against the order, dated 18.09.2025, passed in Crl.MP.No.1891 of 2025, by the Judicial Magistrate No.II, Nagercoil, Kanyakumari District, by which, the bail granted to the Revision Petitioner, vide order, dated 24.02.2025, was cancelled.

3. Mr.S.Balaji Nivas, the learned counsel for the Revision Petitioner submits that the Revision Petitioner is ready to abide by any condition to be imposed by this Court, for allowing this Criminal Revision Case.

4. Mr.M.Karunanithi, the learned Government Advocate (Criminal Side) submits that as against the impugned order, this Criminal Revision Case is not maintainable and that if the Revision Petitioner is aggrieved by the impugned order, he may file a second application for bail before the court below or approach the higher court for obtaining fresh order.

5. Considering the arguments of the learned counsel for the parties, this Court is of the view that as against the impugned order, dated 18.09.2025, by which, the bail granted to the Revision Petitioner was cancelled, the remedy lies to the Revision Petitioner is to file a second bail application before the court below or to move the higher court for obtaining fresh bail order. Hence, this Criminal Revision Case is not maintainable and accordingly, this Criminal Revision Case is dismissed, 2/4

with a liberty to the Revision Petitioner to approach the competent court for redressal of his grievance. There is no order as to costs. The File is consigned to Record.

20.11.2025 Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm To

1. The Judicial Magistrate No.II, Nagercoil, Kanyakumari District

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

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SHAMIM AHMED, J.

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