Thangadurai v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.2764 of 2021 Thangadurai ... Petitioner -VsState rep by The Inspector of Police, Kariyapattinam Police Station, Nagapattinam District.

(Crime No.10 of 2021) ... Respondent Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in Crime No.10 of 2021 is pending on the file of the respondent police.

For Petitioner : Mr.N.Palanivel For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

The case has been heard through video conference The petitioner, who apprehends arrest for the alleged offences under Section 67 of Information Technology Act 2000. in Crime No.10 of 2021, on the file of the respondent/Police, seeks anticipatory bail.

2.The case of the prosecution is that there was a previous enmity between the petitioner and the defacto complainant, as a result of which the petitioner had gone to the extent of spreading false allegations through the social media, as if the defacto complainant is the cause for the riot between the Scheduled Castes and the other Castes people and thereby disrupting the harmony in the society and such propaganda would cause riot. Hence, the complaint was registered.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with this crime and he has been falsely implicated in this case. He would further submit that there is no previous case pending as against the petitioner. Hence, he prays for anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor would submit that there was a previous enmity between the petitioner and the defacto complainant, as a result of which the petitioner had gone to the extent of spreading false allegations through the social media, as if the defacto complainant is the cause for the riot between the Scheduled Castes and the other Castes people aand thereby disrupting the harmony in the society and such propaganda would cause riot. He would further submit that there is no previous case pending as against the petitioner.

5. Considering the facts and circumstances of the case and that there is no previous case pending as against the petitioner, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, 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 on which the order copy made ready, before the District Munsif cum Judicial Magistrate, Vedaranyam, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which this petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix his 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.

[b] the petitioner shall report before the respondent Police as and when required for interrogation.

[c] the petitioner shall not tamper with 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 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 of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

7. With the above directions, this Criminal Original Petition is ordered.

-sd/- 16/02/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VEDARANYAM.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, KARIYAPATTINAM POLICE STATION, NAGAPATTIANM DISTRICT.

+1CC to M/S.N.PALANIVEL Advocate on payment of necessary charges SR NO.1706 CRL OP.2764/2021 Date :16/02/2021 MK:23/02/2021