V.Gowthaman, Aged 44 Years v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twentieth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.14838 of 2018 V.GOWTHAMAN, [ PETITIONER / ACCUSED ] Vs THE STATE REP. BY ITS [ RESPONDENT ] INSPECTOR OF POLICE, SENDURAI POLICE STATION, ARIYALUR DISTRICT.

CR.NO.265 OF 2017 For Petitioner : M/S.R.PRABHAKARAN Advocate For Respondent : MR. C.IYYAPPARAJ, ADDL. PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 504, 505 (1(b) and 505(2) of IPC, in Crime No.265 of 2017, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant Samidurai, Sub-Inspector of Police, working at the respondent police station is that the petitioner along with certain other persons delivered inflammatory speeches against the State and Central Governments.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would submit that the petitioner had delivered a speech against the non-implementation of Supreme Court Order regarding the formation of Cauvery Management Board.

4. The learned Additional Public Prosecutor appearing for the State submitted that the petitioner delivered inflammatory speeches creating enmity between the people of two states and also delivered speeches against the Central and State Goverments. He would submit that the investigation has been completed and the respondent has also filed the final report and it is pending on the file of the learned Judicial Magistrate-II, Ariyalur.

5. Taking into consideration the facts of the case and also the submission made by the learned Additional Public Prosecutor, I am 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Ariyalur, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) if the petitioner fails to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled. (ii) the petitioner shall stay at Ariyalur and appear before the learned Judicial Magistrate-II, Ariyalur daily at 10.30.a.m. until further orders.

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner shall not abscond either during investigation or trial.

(v) 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]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 20/06/2018 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 JUDICIAL MAGISTRATE, ARIYALUR.

2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR. [FOR INFORMATION] 3 THE JUDICIAL MAGISTRATE, NO.II, ARIYALUR. [FOR INFORMATION] 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE STATE REP. BY ITS INSPECTOR OF POLICE, SENDURAI POLICE STATION, ARIYALUR DISTRICT.

+1 CC to M/S.R.PRABHAKARAN Advocate on payment of necessary charges-Sr.11346 CRL OP.14838/2018 Date :20/06/2018 ths : 27.06.2018