Karmegam Vs The State of Tamil Nadu

on 15.12.2025 for the offences punishable under Sections 75(3), 79, 196(1), 353(2) and 49 of BNS, 2023 and Section 4 of TNPHW Act and Sectiion 6 of Indecent representation of Women Act, 1986 in Crime No. 628 of 2025 on the file of the respondent police seeks bail.

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The case of the prosecution is that the petitioner herein is said to have abused and passed obscene comments about sitting MP and posted the same in Instagram ID. Hence, the complaint.

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The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 15.12.2025. Hence, he seeks bail to the petitioner.

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The learned Government Advocate (Crl. side) would submit that

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the petitioner published defamatory remarks against the sitting member of parliament and made personal attack on her causing disrepute to the stature of the Deputy General Secretary of DMK and her personal life. He further submitted that investigation of the case is pending and hence, he opposed for grant of bail to the petitioner.

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Any personal attack, especially with regard to the dignity and decency of an individual, cannot be permitted. Therefore, this Court is of the considered opinion that the petitioner ought to remove the video in question or, if he is not the person who uploaded the same, take steps to request its removal. Further, having regard to the nature of the allegations, the stage of interrogation, and the period of incarceration already suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

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Accordingly, the petitioner is ordered to be released on bail on 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 Judicial Magistrate No.VI, Madurai, and on further conditions that :-

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[a] 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.

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(b) The petitioner is directed to remove the uploaded video or, if he is not the person who uploaded it, to make a request for its removal, as it contains personal attacks against an individual holding a dignitary post.

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[b] the petitioner shall appear before the respondent Police daily at 10.00 am until further orders;

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[c] the petitioner shall not abscond either during investigation or trial.

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[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

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of Kerala [(2005)AIR SCW 5560].

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[f] If the accused thereafter absconds, a fresh FIR can

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be registered under Section 269 BNS.