CRL OP NO.4950 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.03.2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO.4950 of 2025 V.B.Devan Petitioner Vs State Rep By, The Inspector Of Police D-6, Podaturpeta Police Station, Tamil Nadu- 631 208. (Cr.No 36 of 2025) Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner / Accused on anticipatory bail in the event of arrest in Crime No.36 of 2025 pending on the file of the respondent police. For petitioner: Mr.Tamilselvan S For Respondent:Mr.S.Santhosh, Government Advocate (Crl.Side) ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 352 and 353 of the BNS 2023 r/w 67 of the IT Act in Crime No.36 of 2025, on the file of the respondent police, seeks anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis CRL OP NO.4950 of 2025 2. The case of the prosecution is that the petitioner had posted defamatory post against the former and the present Chief Minister of Tamil Nadu in his social media account viz., Facebook. 3. The learned counsel appearing for the petitioner would submit that the said post was inadvertently uploaded in his facebook account; that the said post was removed from his facebook page. He further filed an affidavit sworn by the petitioner, which reads as follows: “3. I most respectfully submit that at the very outset, I express my deepest regret for the alleged caption made in my facebook post defaming the personal capacity of the Hon'ble late former Chief Minister and present Chief Minister of the Tamil Nadu for which the present case has been foisted against me and I genuinely regret the same.Further, I am also remorseful for the alleged statement rendered by me. 5. I humbly submit that, I solemnly swear and undertake that I sahll not indulge in or participate in any form of derogatory or defamatory act against any individual and further submit that I hereby sincerely apologize before the Hon'ble Court.” 4. The learned Government Advocate (Crl. Side) appearing for the respondent police, confirmed the above said facts and submitted that the post was removed from the petitioner's facebook account. 2/6 https://www.mhc.tn.gov.in/judis CRL OP NO.4950 of 2025 5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record. 6. Considering the aforsaid fact and the nature of allegations, this Court is of the view that custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions. 7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Tirtuttani on condition that the petitioner shall execute a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: 3/6 https://www.mhc.tn.gov.in/judis CRL OP NO.4950 of 2025 [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 every day at 10:30 a.m., until further orders; [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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 10.03.2025 vca 4/6 https://www.mhc.tn.gov.in/judis CRL OP NO.4950 of 2025 To 1.The Inspector Of Police D-6, Podaturpeta Police Station, Tamil Nadu- 631 208. (Cr.No 36 of 2025) 2.The Judicial Magistrate Tiruttani 3.The Public Prosecutor, High Court Madras. / 5/6 https://www.mhc.tn.gov.in/judis CRL OP NO.4950 of 2025 SUNDER MOHAN, J. vca CRL OP NO.4950 of 2025 10.03.2025 6/6 https://www.mhc.tn.gov.in/judis