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Rajesh vs The State Rep. By Inspector Of Police
2026 Latest Caselaw 2746 Mad

Citation : 2026 Latest Caselaw 2746 Mad
Judgement Date : 22 May, 2026

[Cites 8, Cited by 0]

Madras High Court

Rajesh vs The State Rep. By Inspector Of Police on 22 May, 2026

                                                                      C.R.L. O.P. Nos.11588, 12481, 12155 & 11573 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 22.05. 2026

                                                         CORAM

                                     THE HON'BLE MR.JUSTICE R.SAKTHIVEL

                                  CRL OP NOS.11588, 12481, 12155 AND 11573 OF 2026
                                                       AND
                                   CRL.MP.NOS.8613, 8866, 8867 AND 8618 OF 2026


                    CRL.O.P.NO.11588 OF 2026

                    Rajesh                                    ...   Petitioner / A8

                                                        Vs.


                    The State Rep. by
                    Inspector of Police
                    CCD-I, CCW-SCCIC,
                    Chennai.
                    (Crime No.47 of 2026)                     ...   Respondent / Complainant


                    PRAYER: Criminal Original Petition filed under Section 483 of the
                    Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to
                    the petitioner pending investigation in Crime No.47 of 2026 on the file of
                    the respondent police.

                              For Petitioner    :       Ms.J.Kamalini
                              For Respondent    :       Mr.C.R.Malarvannan,
                                                        Government Advocate (Criminal side)
                              For Intervenor    :       Mr.Vijayan Subramanian




                                                                                                   Page No.1 of 14



https://www.mhc.tn.gov.in/judis
                                                                  C.R.L. O.P. Nos.11588, 12481, 12155 & 11573 of 2026


                    CRL.O.P.NO.12481 OF 2026

                    1.S.Selvam
                    2.S.Prashanth
                    3.S.Rajini                            ...   Petitioners / A1, 2 & 4

                                                    Vs.

                    The State Rep. by
                    Inspector of Police
                    CCD-I, CCW-SCCIC,
                    Chennai.
                    (Crime No.47 of 2026)                 ...   Respondent / Complainant


                    PRAYER: Criminal Original Petition filed under Section 483 of the
                    Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the
                    petitioners on bail concerned in Crime No.47 of 2026 on the file of the
                    Inspector of Police, CCD-I, CCW-SCCIC, Ashok Nagar, Chennai.

                              For Petitioners   :   Mr.R.Parthiban
                              For Respondent    :   Mr.C.R.Malarvannan,
                                                    Government Advocate (Criminal Side)
                              For Intervenor    :   Mr.Vijayan Subramanian

                    CRL.O.P.NO.12155 OF 2026

                    Srinath @ Sriram                      ...   Petitioner / A6

                                                    Vs.

                    The State Rep. By
                    Inspector of Police
                    CCW - State Cyber Crime Investigation
                    Centre Police Station,
                    CCD-I, Chennai - 600 083.
                    (Crime No.47 of 2026)               ...     Respondent / Complainant


                                                                                               Page No.2 of 14



https://www.mhc.tn.gov.in/judis
                                                                   C.R.L. O.P. Nos.11588, 12481, 12155 & 11573 of 2026




                    PRAYER: Criminal Original Petition filed under Section 483 of the
                    Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to pass an
                    order enlarging the petitioner / 6th accused on bail in Crime No.47 of 2016
                    pending investigation on the file of the respondent police.

                              For Petitioner    :   Mr.G.Prabhakaran
                              For Respondent    :   Mr.C.R.Malarvannan
                                                    Government Advocate (Criminal Side)
                              For Intervenor    :   Mr.Vijayan Subramanian

                    CRL.O.P.NO.11573 OF 2026

                    1.Sanjay
                    2.Bala @ Balakrishnan
                    3.Manigandan
                    4.Ruthran                             ...   Petitioners / Accused

                                                    Vs.
                    The State Rep. By
                    Inspector of Police
                    State Cyber Crime Investigation Centre,
                    Cyber Crime Wing, Hqrs,
                    Chennai.
                    (Crime No.47 of 2026)                ...    Respondent / Complainant


                    PRAYER: Criminal Original Petition filed under Section 483 of the
                    Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to release the
                    petitioner on bail connected in crime No.47 of 2026 pending investigation
                    on the file of the respondent police.

                              For Petitioners   :   Mr.I.V.Kabilan
                              For Respondent    :   Mr.C.R.Malarvannan
                                                    Government Advocate (Criminal Side)
                              For Intervenor    :   Mr.Vijayan Subramanian




                                                                                                Page No.3 of 14



https://www.mhc.tn.gov.in/judis
                                                                      C.R.L. O.P. Nos.11588, 12481, 12155 & 11573 of 2026




                                                  COMMON ORDER

The captioned petitions are filed under Section 483 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 seeking bail by the petitioners / accused

persons who were charged with the offences under Sections 61 (2), 306,

316(2) & 318(4) of the Bharatiya Nyaya Sanhita, 2023, read with Sections

43 & 66, 66(B) and (C) read with 84B of the Information Technology Act,

2000, and Sections 51, 63 (a) & 65, 65A, 65B of the Copyright Act, 1957,

and Section 6AB read with Section 7(1A) of the Cinematograph Act, 1952,

in Crime No.47 of 2026 on the file of respondent-police.

2. The petitioners in C.R.L. O.P. Nos.11573, 11588 & 12155 of 2026

were arrested on April 11, 2026 and remanded to judicial custody on April

12, 2026. The petitioners in C.R.L. O.P. No.12481 of 2026 was arrested on

April 15, 2026 and remanded to judicial custody on the same day viz.,

April 15, 2026.

3. 'K.V.N. Productions L.L.P.' is the intervenor in all the Criminal

Original Petitions.

https://www.mhc.tn.gov.in/judis C.R.L. O.P. Nos.11588, 12481, 12155 & 11573 of 2026

4. Case of the prosecution is that the petitioners / accused persons

pirated the film 'Jananayagan' produced by 'K.V.N. Productions L.L.P.'

even before its CBFC certification and theatrical release. According to the

prosecution, one Pradeep is the editor of the film. The petitioner / Accused

No.1- Prasanth being a freelance editor under him, accessed the computer

in which the original print of the film was stored, copied it to a hard disk

with the help of the petitioner / Accused No.2 - Selvam, and then, Accused

Nos.1 and 2 watched the same along with Accused Nos.3 and 4, who are

all close friends. Further, they circulated the same in multiple online and

social platforms in a mass scale and also thereby reaped monetary benefits.

In short, prosecution's case is that the petitioners / accused persons illegally

accessed, pirated, watched and mass circulated the film, and thereby

committed breach of trust and caused a huge financial loss to the

production company.

5. Mr.Rajadurai, learned Counsel representing Mr.R.Parthiban,

learned Counsel on record for the petitioners in C.R.L. O.P. No.12481 of

2026 / Accused Nos.1, 2 & 4 submits that Accused Nos.1 and 2 are

detained under Tamil Nadu Act No.14 of 1982 (Goondas Act). Hence, he

https://www.mhc.tn.gov.in/judis C.R.L. O.P. Nos.11588, 12481, 12155 & 11573 of 2026

not presses the Criminal Original Petition qua Accused Nos.1 and 2 and

hence, the same is hereby dismissed as not pressed by this Court qua

Accused Nos.1 and 2.

5.1. Learned Counsel further submits that Accused Nos.1, 2 and 4

(Prasanth, Selvam and Rajini) are brothers. Accused No.4 - Rajini is a

practicing advocate who is in no way connected with the offences alleged.

Accused No.4 did not commit any offence as alleged. He did not copy,

download, pirate, forward, upload or disseminate the film in any manner.

There is no incriminating material against Accused No.4. He has deep

roots in the society and has been under incarceration since April 15, 2026.

He is ready to co-operate with the investigation and also to abide by any

conditions that may be imposed by this Court. Accordingly, he prays to

grant bail to Accused No.4 - Rajini.

6. Mr.I.V.Kabilan, learned Counsel for the petitioners in C.R.L. O.P.

No. 11573 of 2026 / Accused Nos.7 to 10 submits that Accused No.7 -

Bala @ Balakrishnan is detained under Tamil Nadu Act No.14 of 1982

https://www.mhc.tn.gov.in/judis C.R.L. O.P. Nos.11588, 12481, 12155 & 11573 of 2026

(Goondas Act). Hence, he not presses the Criminal Original Petition qua

Accused No.7 and hence, the same is hereby dismissed qua Accused No.7.

6.1. As regards Accused Nos.8 & 9 (Sanjay & Manikandan), learned

Counsel fairly submits that, being huge fans of the protagonist of the film,

they merely watched the pirated copy of the film out of curiosity and did

nothing more; they did not steal, pirate or circulate the same. As regards

Accused No.10 - Rudran, he submits that he did not commit any offence as

alleged; he did not even watch the film. He has been falsely foisted in the

case merely because he is a friend of Accused Nos.8 & 9. Accused Nos.8

to 10 are ready to co-operate with the investigating agency. They are also

ready to abide by any conditions that may be imposed by this Court.

Accordingly, he prays to grant bail to Accused Nos.8 to 10.

7. Mr.G.Prabakaran, learned Counsel for petitioner in C.R.L. O.P.

No. 12155 of 2026 / Accused No.6 - Srinath @ Sriram submits that

Accused No.6 merely watched the film out of curiosity and did not commit

any other offence as alleged. Further, the respondent - police failed to serve

grounds of arrest and '41 A Notice' to Accused No.6. Accused No.6 has

https://www.mhc.tn.gov.in/judis C.R.L. O.P. Nos.11588, 12481, 12155 & 11573 of 2026

been under incarceration since April 12, 2026. Considering the period of

incarceration, further detention would not be necessary. He is permanently

employed in a renowned private company. He is ready to co-operate with

the investigation and also to abide by any conditions that may be imposed

by this Court. Accordingly, he prays to grant bail to Accused No.6 - Srinath

@ Sriram.

8. Ms.J.Kamalini, learned Counsel for petitioner in C.R.L. O.P. No.

11588 of 2026 / Accused No.5 - Rajesh submits that Accused No.5 merely

watched the film out of curiosity and did not commit any other offence as

alleged. Accused No.5 has been under incarceration since April 12, 2026.

Considering the period of incarceration, further detention would not be

necessary. He is permanently employed in the same renowned private

company as Accused No.6 - Srinath @ Sriram. He is ready to co-operate

with the investigation and also to abide by any conditions that may be

imposed by this Court. Accordingly, he prays to grant bail to Accused

No.5- Rajesh.

https://www.mhc.tn.gov.in/judis C.R.L. O.P. Nos.11588, 12481, 12155 & 11573 of 2026

9. Opposing the above submissions, Mr.C.R.Malarvannan, learned

Additional Public Prosecutor for the respondent - police submits that

Accused Nos.1 and 2 pirated the film and watched it along with Accused

Nos.3 to 5. Further, Accused No.5 shared the pirated copy with Accused

No.6 who in turn forwarded the same to Accused Nos.7 to 10. All the

accused persons forwarded / uploaded the pirated version of the film across

multiple online and social media platforms. Notably, Accused No.7 - Bala

openly created a Drive link containing the pirated version of the film

which was accessed by about 1,20,00,000 people.

9.1. Further, as regards Accused No.4 - Rajini, he submits that being

an advocate is all the more reason not to watch a pirated version of a film,

that too before its CBFC Certification and theatrical release. Apart from

watching, Accused No.4 had aided the other accused persons in circulating

the pirated version of the film knowing fully well that it is an offence.

9.2. He further submits that the accused persons have caused several

hundred crores of loss to the production company. Investigation is not yet

completed. Digital records of circulation, uploads, downloads, etc. are

collected and currently pending before Forensic Science Laboratory for

https://www.mhc.tn.gov.in/judis C.R.L. O.P. Nos.11588, 12481, 12155 & 11573 of 2026

analysis. The analysis is pending and the digital records have not been

completely decoded. Further, requested details of online monetary

transactions are yet to be received. Accused No.3 is currently absconding.

The complete role of each and every accused persons would come to light

only after arrest and investigation of Accused No.3. In these circumstances,

if bail is granted to accused persons, they would erase the evidence and

hamper the investigation. Accordingly, the learned Additional Public

Prosecutor vehemently objects to grant of bail to the accused persons.

10. Mr.Vijayan Subramanian, learned Counsel for the intervenor

emphasises on the huge amount of loss suffered by the intervenor -

production company, and submits that the offence not merely involves a

private dispute but a co-ordinated act of digital piracy affecting the entire

film industry. This is not a partial or isolated leakage but the entire film has

been unlawfully copied and disseminated. Consequently, the market value

of the film is wiped out and not only the theatrical prospects are shattered

but also the OTT, satellite and distribution rights are jeopardized. Further

reiterating the submissions made by the learned Additional Public

https://www.mhc.tn.gov.in/judis C.R.L. O.P. Nos.11588, 12481, 12155 & 11573 of 2026

Prosecutor, he vehemently opposes grant of bail to accused persons and

seeks to dismiss the Criminal Original Petitions.

11. Considered the submissions on either sides. Perused the

materials available on record including the Case Diary.

12. The Investigating Agency has collected mobile phone and other

gadgets from the accused persons and sent the same for forensic analysis.

The digital records which are essential to trace down the digital footprints,

have not yet been decoded completely. The Investigating Agency has

further sought for details regarding online monetary transactions from

multiple giant online companies and platforms, which are yet to be

received. Further, Accused No.3 - Uma Shankar is absconding. Material

facts, particulars, fresh perspectives and circumstances could possibly

emerge after receiving the aforesaid information or upon arrest and

investigation of Accused No.3, which would necessitate the Investigation

Agency to conduct further investigation on the accused persons based on

the same, to unearth the truth and ascertain the role of each and every

accused person. There is high possibility that if bail is granted to the

https://www.mhc.tn.gov.in/judis C.R.L. O.P. Nos.11588, 12481, 12155 & 11573 of 2026

petitioners / accused persons, they may erase the evidence and hinder the

process of investigation. Further, the ramifications of the crime extends

beyond the massive financial loss suffered by the production company;

hard work and future of several people connected with the film is

jeopardized. Hence, given the current stage of investigation, this Court is

not inclined to grant bail to the petitioners / accused persons. Therefore, all

the captioned Criminal Original Petitions are hereby dismissed. Connected,

Civil Miscellaneous Petitions (Intervening Petitions) are closed.





                                                                                                   22.05.2026


                    Index               : Yes / No
                    Neutral Citation    : Yes / No
                    Speaking Order      : Yes / No
                    TK








https://www.mhc.tn.gov.in/judis

C.R.L. O.P. Nos.11588, 12481, 12155 & 11573 of 2026

To

1.The XI Metropolitan Magistrate Saidapet, Chennai.

2.The Superintendent of Prison Puzhal, Chennai.

3.The Inspector of Police CCD - I, CCW - SCCIC, Chennai.

4.The Public Prosecutor Madras High Court Madras.

https://www.mhc.tn.gov.in/judis C.R.L. O.P. Nos.11588, 12481, 12155 & 11573 of 2026

R.SAKTHIVEL, J.

TK

CRL OP NOS.11588, 12481, 12155 & 11573 OF 2026 AND CRL.MP.NOS.8613, 8866, 8867 & 8618 OF 2026

22.05.2026

https://www.mhc.tn.gov.in/judis

 
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