R Kanagasubbu Rathinam v. The State Represented By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2025
CORAM
THE HON'BLE MR. JUSTICE N.SENTHILKUMAR R.Kanagasubbu Rathinam ... Petitioner Vs.
1. The State Represented by:- The Inspector of Police, Saibaba Colony Police Station, Coimbatore City, Coimbatore District.
(Cr.No.121 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime No. 121 of 2025 on the file of the respondent police. For Petitioner : Mr.P.Vetrivels For Respondent : M/s.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 192, 196 325 and 353(2) of BNS in Crime No.121 of 2025, seeks anticipatory bail. 1/8
2. The case of the prosecution is that the petitioner is a You Tuber. He has posted the video clippings in the Youtube Channel namely '' Kavanagar Karjanai'' creating communal harmony between the people of different religious faith. According to the prosecution, the said video creates unnecessary untrust between two religious groups. Hence the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and ready to abide by any condition imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the case and he opposed for grant of anticipatory bail to the petitioner.
5. The petitioner has filed an undertaking that he will not repeat the same and the video will be deleted from the You Tube Channel. The said undertaking becomes part and parcel of the order. If there is any violation of this undertaking, anticipatory bail granted to this petitioner by this Court stands automatically cancelled and further the respondent police is at liberty to file a fresh FIR and to prosecute the petitioner. 2/8
6. A scanned reproduction of the Affidavit filed by the petitioner is as follows:- 3/8
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7. Recording the undertaking given by the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
8. Accordingly, this Criminal Original Petition stands allowed and the petitioner is ordered to be released on anticipatory 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 learned Judicial Magistrate VII, Coimbatore on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:
(a) the petitioner shall report before the concerned Judicial Magistrate daily at 10.30 a.m on every Monday to Friday and shall appear before the respondent police at 10.00 a.m on every Saturday and Sunday until further orders;
[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
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[c] the petitioner shall not abscond either during investigation or trial. [d] 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].
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.
22.05.2025 Vv 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 official website of this Court will be watermarked and will also have a QR code.
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N.SENTHILKUMAR ,J.
Vv To
1. The XXIII Metropolitan Magistrate Court, Saidapet, Chennai-15
2. The Inspector of Police, All Women Police Station, Virugambakkam, Chennai-92.
3.The Public Prosecutor, High Court of Madras.
s22.05.2025 8/8