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2026 DAILYLAW 45303 (MAD)

S KAMAL v. The State of Tamilnadu

CRL OP(MD)/12635/2026 · 2026-06-29

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No. 12635 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.06.2026 PRESENT THE HONOURABLE MR. JUSTICE K.RAJASEKAR CRL OP(MD). No. 12635 of 2026 S.Kamal ...Petitioner/Accused Vs State of Tamil Nadu rep. by The Inspector of Police, AWPS Cantonment Police Station, Trichy city. (Crime No. 6 of 2026) ...Respondent For Petitioner : Mr.P.Surli Raja Advocate. For Respondent : Mr.I.Murugesan Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 6 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 12635 of 2026 The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 79 and 336 of BNS, 2023 r/w Section 67A of the Information Technology Act, 2000, in Crime No. 6 of 2026 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that the defacto complainant shared some of her photos to her friends which was subsequently circulated to other friends including petitioner. Subsequently, with bad intention, the petitioner and the other accused morphed the said photos, sent it to the defacto complainant and also uploaded in Instagram and other social media. When same was questioned, she was threatened by the accused. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated in this case. He has not sent any morphed photos and it was circulated by some others. He further submitted that the petitioner has already deleted the photos, which 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 12635 of 2026 were uploaded in social media. Hence, he prayed to grant Anticipatory Bail to the petitioner. 4. The learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that the other accused/A2 was arrested and the petitioner has no previous case. He further submitted that the investigation is pending and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioner. 5. Heard both sides and perused the materials available on record. 6. Considering the rival submissions made on either side and the nature of offences charged against the petitioner, and the petitioner has no previous case, I am of the view that custodial interrogation is not necessary in this case and hence, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 12635 of 2026 period of fifteen days from the date on which the order copy made ready, before the learned Additional Mahila Court, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twnty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that: [b] the petitioner shall report before the respondent police, daily at 10.30 a.m. for a period of three weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall cooperate with the investigating agency to delete the uploaded phtographs wherever it has been available in social media and other places. [d] the petitioner shall hand over his cell phone, if necessary for the purpose of investigation. [e] the petitioner shall not commit any offences of similar nature. [f] the petitioner shall not abscond either during investigation or trial. [g] the petitioner shall not tamper with evidence or 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 12635 of 2026 witness either during investigation or trial. [h] 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]. [i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 29.06.2026 apd To 1.The Additional Mahila Court, Trichy. 2.The Inspector of Police, AWPS Cantonment Police Station, Trichy city. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 12635 of 2026 K.RAJASEKAR, J apd ORDER IN CRL OP(MD) No. 12635 of 2026 Date : 29.06.2026 6/6 https://www.mhc.tn.gov.in/judis