Dinesh Kumar v. State of Tamilnadu Rep by Inspector of Police, Cyber Crime Police Station

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.08.2026 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Dinesh Kumar ... Petitioner/ Accused rank unknown

Vs The State of Tamil Nadu rep. by its The Inspector of Police, Cyber Crime Police Station, Madurai District. (Crime No.34 of 2026)

...Respondent/ Complainant For Petitioner : Mr.Richard Wilson for Mr.T.Pradeep For Respondent : Mr.N.Balasubramanian, Counsel for State of TN(Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Section 482 of B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.34 of 2026 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner / accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 192, 352 and 353(1)(b) BNS, in Crime No.34 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on

19.07.2026, the petitioner allegedly made derogatory and abusive remarks against the Hon'ble Chief Minister of Tamil Nadu through social media and also circulated statements, which were alleged to be intended to induce public mischief, provoke a breach of peace or promote enmity. Hence, the complaint.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the first accused was granted anticipatory bail by this Court in Crl.O.P.(MD)No. 15863 of 2026.

¶4The learned Counsel for State of TN (Criminal Side) appearing for the respondent police would submit that the petitioner along with other accused had uploaded and circulated false statements against the Hon'ble Chief Minister of Tamil Nadu. He would further submit that the first accused was granted anticipatory bail by this Court.

¶5The learned counsel appearing for the petitioner filed an undertaking affidavit sworn by the petitioner stating that he has not used any abusive language against the Hon'ble Chief Minister of Tamil Nadu in any social media post or digital platform and he undertakes that he will not use any abusive language or offensive remarks against the Hon'ble Chief Minister of Tamil Nadu.

¶6It is evident from the records that after registration of the FIR, the respondent police has issued a notice under Section 35(3) BNSS calling upon the petitioner to appear for enquiry but the petitioner sent a communication stating that he was unable to appear for the enquiry in the absence of a copy of the FIR and other relevant particulars.

¶7No doubt, the petitioner ought to have appeared before the concerned police and co-operate with the investigation, but at the same time, considering the above facts and circumstances and taking note of the filing of the undertaking affidavit and also the fact that the police themselves initially considered to issue notice under Section 35(3) BNSS, this Court is of the view that custodial interrogation is not at all necessary and hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

¶8Accordingly, 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Madurai District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: [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 Aadhaar card or bank pass book to ensure their identity; [b]the petitioner shall appear before the respondent police on 24.08.2026 and 25.08.2026 at

10.00 a.m., for enquiry and thereafter, as and when required for interrogation; [c]the petitioner shall not tamper with the 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 petitioners in accordance with law as if the conditions have been imposed and the petitioner is 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 BNS, 2023.

(K M S J)

14.08.2026 CSM Note : Issue order copy on 21.08.2026 TO

1.The Judicial Magistrate No.1, Madurai.

2.The Inspector of Police, Cyber Crime Police Station, Madurai District.

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

K.MURALI SHANKAR,J CSM ORDER IN CRL OP(MD) No.16867 of 2026 Date : 14.08.2026