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2026 DAILYLAW 48960 (MAD)

Prakash @ Muthulingam v. The State Rep By, The Inspector of Police

CRL OP/18453/2026 · 2026-07-15

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18453 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18453 of 2026 1. Prakash @ Muthulingam 2. Elavarasan ..Petitioner(s) Vs The State Rep By, The Inspector of Police Kadampuliyur Police Station, Cuddalore. Crime No.220 of 2026 ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioners on bail in Crime No.220 of 2026 on the file of the respondent police. For Petitioner(s): Mr.T.Elumalai For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side ) ORDER The petitioners, who were arrested and remanded to judicial custody on 11.06.2026 for the alleged offences under Sections 66 (E), 67 (A) of IT Act, r/w Section 77, 351 (2) of BNS, in Crime No.220 of 2026 on the file of the respondent police, seek bail. 2. The case of the prosecution is that the petitioners used their mobile phone to record a video of a private moment of the de facto complainant, a woman approximately twenty-nine years old. Hence the case. https://www.mhc.tn.gov.in/judis CRL OP No. 18453 of 2026 __________ Page2 of 4 3.The learned counsel for the petitioners submitted that the petitioners are innocent and have been in custody since 11.06.2026. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court and are willing to co-operate for investigation. Hence, he prays to grant bail to the petitioners. 4.At this juncture, the learned Government Advocate (Criminal Side) appearing for the respondent police submitted that no previous case has been registered against the petitioners. However, he contended that if the petitioners are enlarged on bail, there is every possibility of their tampering with the witnesses. Hence, he prayed for dismissal of this application. 5.Although serious allegations have been made against the petitioners, considering the facts that they have no criminal antecedents, and have been incarcerated since 11.06.2026, this Court is of the firm view that their further custody for the purpose of investigation is not required. Hence, this Court is inclined to grant bail to the petitioners with certain conditions. 6. Accordingly, the petitioners is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Panruti, and subject to the following conditions: https://www.mhc.tn.gov.in/judis CRL OP No. 18453 of 2026 __________ Page3 of 4 [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioners shall report before the respondent daily morning at 10.30 a.m. and evening at 5.30 p.m. for a period of one month; thereafter as and when required for interrogation; [c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 15-07-2026 ep 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. 18453 of 2026 __________ Page4 of 4 C.KUMARAPPAN, J. EP To 1.The Judicial Magistrate No.II, Panruti. 2.The Superintendent of Prison, Central Prison, Cuddalore. 3.The Inspector of Police Kadampuliyur Police Station, Cuddalore. 4.The Public Prosecutor High Court of Madras. CRL OP No. 18453 of 2026 15-07-2026 https://www.mhc.tn.gov.in/judis