← Library
Madras High CourtCRL OP/10981/2023granted

Vigneshwaran @ Viduthalai Sigappi v. The State Rep By Its,

2023-05-10Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

K.GOVINDARAJAN THILAKAVADI, J., The petitioner, who apprehends arrest for the alleged offences under sections 153, 153(A)(1)(a), 295(A), 505(1)(b), 505(2) of IPC, in Crime No.117 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, in a meeting programme conducted to commemorate Dalit history month, delivered a poet outraging the religious feeling of Hindu Religion with malicious intention. Hence, a complaint was lodged by District President of Hindu Munnani, Chennai.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and a complaint has been given with an ulterior motive in order to wreck political vengeance. He also submitted that he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the

petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner, while delivering a poet before the general public in a programme, spoke ill about the Hindu Gods.

5. Heard the learned counsel for the petitioner and the learned Addl. Public Prosecutor for the respondent Police and perused the materials available on record.

6. Considering the above facts and circumstances of the case, the submissions made by the learned counsel on either side and also considering the gravity of the offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days

from the date on which the order copy made ready, before the learned XXIII Metropolitan Magistrate Court, Saidapet on condition that the petitioner shall execute a separate bond for a sum of Rs.25,000/- (Rupees twenty five Thousand Only) each 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, the petition for anticipatory bail shall stand dismissed and on further condition 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 his 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 and cooperate 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 K.GOVINDARAJAN THILAKAVADI, J.,

msr learned Magistrate is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate 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.

10.05.2023 msr/tk