Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 24675 (MAD)

NAGARAJ v. The State represented by The Inspector of Police

CRL OP/11040/2026 · 2026-05-13

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 11040 of 2026 _____________ Page No.1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-05-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL CRL OP No. 11040 of 2026 Nagaraj, S/o.Nagappan ... Petitioner Vs State represented by Inspector of Police, Cyber Crime Wing, Chennai. (Crime No.47 of 2026) ... Respondent Prayer : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail pending investigation in Crime No.47 of 2026 on the file of the Inspector of Police, Cyber Crime Wing, Chennai, Chennai District. For Petitioner : Mr.P.S.Ravi Kumar For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 06.04.2026 for the alleged offence under Sections 192, 196(1)(a), 296(b), 353(1)(b), 353(2) of BNS r/w 67 of IT Act in Crime No.47 of 2026, on the file of the respondent police, seeks bail. https://www.mhc.tn.gov.in/judis CRL OP No. 11040 of 2026 _____________ Page No.2 of 6 2. The case of the prosecution is that the petitioner, with malicious intent, posted abusive comments in his Twitter account against political parties and two religious group during this election time. The said posts contain highly derogatory and inflammatory remarks against the political parties. Hence, the case. 3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence as alleged by the prosecution. He further submits that this is first bail application filed by the petitioner. Further, he submits that he was arrested and is in judicial custody from 06.04.2026. Hence, he prayed to grant bail. 4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that investigation is pending, the offences are grave in nature and the petitioner’s mobile phone has been seized and sent for forensic analysis. He further submits that there is no previous cases pending against the petitioner. However, he opposed to grant bail to the petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 11040 of 2026 _____________ Page No.3 of 6 5. Heard both sides and perused the materials available on record. 6. Considering the rival submissions made by the learned counsel on either side, the nature of the offences, and also the fact that there is no previous case pending against the petitioner and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned XI Metropolitan Magistrate/XI Judicial Magistrate, Saidapet, Chennai and on further conditions that:- [b] the petitioner shall report before the respondent police everyday at 10.30 a.m. until further orders. [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from https://www.mhc.tn.gov.in/judis CRL OP No. 11040 of 2026 _____________ Page No.4 of 6 disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. 13-05-2026 index: Yes/No Internet: Yes/No Speaking/Non Speaking order sp Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. https://www.mhc.tn.gov.in/judis CRL OP No. 11040 of 2026 _____________ Page No.5 of 6 To 1. The XI Metropolitan Magistrate/XI Judicial Magistrate, Saidapet, Chennai. 2. The Public Prosecutor, Madras High Court, Chennai. 3. The Inspector of Police, Cyber Crime Wing, Chennai. 4. The Sub-Jail, Saidapet. https://www.mhc.tn.gov.in/judis CRL OP No. 11040 of 2026 _____________ Page No.6 of 6 P.DHANABAL, J. sp CRL OP No. 11040 of 2026 13-05-2026 https://www.mhc.tn.gov.in/judis