Citation : 2026 Latest Caselaw 2732 Mad
Judgement Date : 22 May, 2026
C.R.L. O.P. NOs.13278 & 13279 OF 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.05.2026
PRESENT
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP NOS.13278 AND 13279 OF 2026
CRL OP NO.13278 / 2026
Dr.Ponraj S/o. Vellaichamy
Permanent Address:
1/44, Thonugal, PO: Kalkurichi,
Virudhunagar – 626 104.
Temporary Address:
B1, Narmada Apartments,
Subramanian Street, Abiramapuram,
Chennai – 600 018. ... Petitioner / Accused
Vs.
State of Tamil Nadu
Represented by the Inspector of Police
Cuddalore New Town Police Station
Cuddalore.
(Crime No.194 of 2026) ... Respondent / Complainant
PRAYER:- Criminal Original Petition filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-
arrest bail to the petitioner in the event of arrest by the respondent police
in Crime No.194 of 2026.
Page No.1 of 10
https://www.mhc.tn.gov.in/judis
C.R.L. O.P. NOs.13278 & 13279 OF 2026
CRL OP NO.13279 / 2026
Dr.Ponraj
S/o. Vellaichamy
Permanent Address:
1/44, Thonugal, PO: Kalkurichi,
Virudhunagar – 626 104.
Temporary Address:
B1, Narmada Apartments,
Subramanian Street,
Abiramapuram,
Chennai – 600 018. ... Petitioner / Accused
Vs.
State of Tamil Nadu
Represented by the Inspector of Police
CCB, Cyber Crime Wing,
Chennai.
(Crime No.59 of 2026) ... Respondent / Complainant
PRAYER:- Criminal Original Petition filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant
pre-arrest bail to the petitioner in the event of arrest by the respondent
police in Crime No.59 of 2026.
For Petitioner : Mr.N.R.Elango
(in both Crl.OPs’) Senior Counsel
Assisted by Mr.Agilesh Kumar
For Respondent : Mr.R.John Sathyan
(in both Crl.OPs’) Public Prosecutor
Page No.2 of 10
https://www.mhc.tn.gov.in/judis
C.R.L. O.P. NOs.13278 & 13279 OF 2026
COMMON ORDER
Apprehending arrest at the hands of the respondents-police, for the
alleged offences under Sections 79, 353(1)(c) of the Bharatiya Nyaya
Sanhita, 2023 read with Section 4 of the Tamil Nadu Prohibition of
Harassment of Woman Act, 1998 read with Section 67 of the Information
Technology Act, 2000, in connection with Crime No.194 of 2026 on the
file of the Cuddalore New Town Police Station and for the alleged offences
under Sections 79, 296(b) and 67 of the Information Technology Act, 2000,
in connection with Crime No.59 of 2026, on the file of the CCB, Cyber
Crime Wing, Chennai, the petitioner / accused seeks pre-arrest bail.
2. Case of the prosecution is that, on March 27, 2026, the petitioner /
accused gave an interview on a YouTube Channel by name "King 360",
wherein he made derogatory statements against women supporting /
belonging to the IT Wing of a particular political party regarding them as
prostitutes, knowing well that his statement would incite public outrage.
Hence the criminal cases.
3. Mr.N.R.Elango, learned Senior Counsel for the petitioner /
accused in both the Criminal Original Petitions, would submit that the
petitioner is a senior scientist, a public policy advisor who had inter-alia
https://www.mhc.tn.gov.in/judis C.R.L. O.P. NOs.13278 & 13279 OF 2026
served as an advisor on Science and Technology and Public Policy to
former Hon'ble President Dr.A.P.J. Abdul Kalam and also a respectable
personality in the society. In recent times, he has also been an active and
responsible political commentator. The petitioner had no intent to defame
or insult the modesty of women. The petitioner's statements were made
only to express his dissatisfaction about youngsters especially women
blindly being politically influenced by cinema. The statement was made in
the best interest of the society to prompt analytical political thinking
among youngsters rather than blind celebrity worship in politics. However,
his statements were mis-quoted. The petitioner's statements were general in
nature and were not about any particular identified cult or group of women.
Further, being a responsible citizen and political commentator, the
YouTube channel interview video in which the statements were made was
removed from the public domain, notably even before the complaint.
Further, the learned Senior Counsel would submit that custodial
interrogation of the petitioner is not necessary given the nature of the
offences alleged against him. Further, the petitioner has deep roots in the
society and will extend his full co-operation with the investigation agency.
The petitioner is also ready to abide by any conditions that may be
https://www.mhc.tn.gov.in/judis C.R.L. O.P. NOs.13278 & 13279 OF 2026
imposed by this Court. Accordingly, the learned Counsel seeks anticipatory
bail for the petitioner / accused in both the criminal cases.
4. Opposing the above submissions, Mr.John Sathyan, learned
Senior Counsel for the respondents in both the Criminal Original Petitions,
would submit that the petitioner / accused's speech clearly attracts the
offences alleged against him. The petitioner / accused's ultimate intention
behind his defamatory statements was to support a particular political
party, by defaming another and its members. The learned Senior Counsel
further would point out that though the original interview video was
removed from "King 360" YouTube channel, material portions of the same
are still being circulated in the public forum. Taking down the video would
not remedy the damage that has already been caused. The petitioner /
accused is very well aware of the fact that such statements of derogatory
nature would cause mischief and public outrage in the society; if not, the
petitioner / accused who claims to be a responsible political commentator
ought to have foreseen the consequences of his derogatory statements. The
learned State Public Prosecutor would also contend that if pre-arrest bail is
granted to the petitioner / accused, it could potentially encourage others to
make such defamatory and irresponsible statements in the public forum
and thereby cause a disorderly state in the society and also lead to law &
https://www.mhc.tn.gov.in/judis C.R.L. O.P. NOs.13278 & 13279 OF 2026
order issues. Accordingly, the learned State Public Prosecutor would
vehemently object to grant of pre-arrest bail to the petitioner / accused and
seek dismissal of the Criminal Original Petitions.
5. This Court has considered both sides' submissions and perused the
materials available on record.
6. The intent of the petitioner / accused behind the material
statements is a matter for trial and no comments can be expressed on the
same at this stage by this Court. However, the petitioner / accused who
claims to be a respectable personality in the society and a responsible
political commentator, should be very careful during a public interview
understanding the potential impact of his words and how they would be
received by the general public. In today's digital era, once a statement is
made, that too in a digital platform, it cannot be easily withdrawn. Though
the petitioner / accused claims his statement to be one of societal interest,
he ought to have exercised utmost care and caution before making a
statement which could turn out to be morally provocative one. A person
who claims to be of a high stature, must exercise some self-restriction
before expressing / delivering words in public forum.
https://www.mhc.tn.gov.in/judis C.R.L. O.P. NOs.13278 & 13279 OF 2026
7. Nonetheless, considering the nature of the offences alleged
against the petitioner / accused and the facts and circumstances of this
case, as well as the fact that the petitioner has deep roots in the society and
his possibility of absconding is less, this Court is of the considered view
that custodial interrogation may not be necessary for the investigation
agency in both the criminal cases. Hence, this Court is inclined to grant
pre-arrest bail to the petitioner / accused however subject to certain
conditions.
8. Accordingly, pre-arrest bail is granted to the petitioner subject to
the following conditions:
(i) In each criminal case, the petitioner shall execute a bond for
Rs.25,000/- along with two sureties for a like sum of Rs.25,000/-
each, before the concerned Jurisdictional Magistrate;
(ii) In respect of Crime No.194 of 2026, the petitioner shall appear and
sign before Cuddalore New Town Police Station weekly once, on
Sunday at 10:00 a.m., until further orders;
(iii) In respect of Crime No.59 of 2026, the petitioner / accused shall
appear and sign before C.C.B. Cyber Crime Wing Chennai weekly
https://www.mhc.tn.gov.in/judis C.R.L. O.P. NOs.13278 & 13279 OF 2026
twice, on every Tuesday and Friday at 10:00 a.m., until further
orders;
(iv) The petitioner shall make himself available for interrogation by a
police officer as and when required;
(v) 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 them from disclosing such facts
to the Court or to any police officer;
(vi) The petitioner shall also not, directly or indirectly, cause any threat
to the witnesses and shall not tamper the evidence;
(vii) The petitioners shall furnish their residential address and mobile
number to the concerned jurisdictional Magistrate;
(viii) On breach of any of the aforementioned conditions, the learned
jurisdictional Magistrate or Trial Court, as the case may be, is
entitled to pass appropriate orders against the petitioners in
accordance with law as if the aforementioned conditions are
https://www.mhc.tn.gov.in/judis C.R.L. O.P. NOs.13278 & 13279 OF 2026
imposed by them as laid down by the Hon'ble Supreme Court in
P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, these Criminal Original Petitions are allowed subject
to the conditions stated supra.
22.05.2026 TK
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 C.R.L. O.P. NOs.13278 & 13279 OF 2026
R.SAKTHIVEL, J.
TK To
1.The Judicial Magistrate – I Cuddalore.
2.The Chief Judicial Magistrate Egmore.
3.The Inspector of Police Cuddalore New Town Police Station Cuddalore.
4.The Inspector of Police CCB, Cyber Crime Wing, Chennai.
5.The Public Prosecutor Madras High Court.
CRL OP NOS.13278 AND 13279 OF 2026
22 / 05 / 2026
https://www.mhc.tn.gov.in/judis
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!