Baskar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Tenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.20889 of 2021 BASKAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KATTUMANNARKOIL POLICE STATION, CUDDALORE DISTRICT (CRIME NO.585 OF 2021) For Petitioner : M/S.E.MANOHARAN Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence under Sections 292 (2) (a), 505 (2) of Indian Penal Code, 1860 and Section 67 of the Information Technology Act, 2000 in Cr.No.585 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner posted a defamatory comment in the social media against the defacto complainant. Hence, the defacto complainant lodged a complaint against the petitioner.
3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner is a Government school teacher and he, without any mala fide intention commented to the face book post and subsequently deleted the message and furthermore submits that he has also filed an affidavit that giving apologise for his conduct. Hence, he prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate submits that the petitioner have intentionally posted a defamatory comment to the face book post against the defacto complainant. Hence, he opposed for granting anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and considering the apologise affidavit that giving apologise for the petitioner's conduct, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, 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 of receipt of a copy of this order, before the learned District Munsif Cum Judicial Magistrate, Kattumannarkoil 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 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioner shall appear 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 anticipatory 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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC -sd/- 10/11/2021 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, KATTUMANNARKOIL.
2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, KATTUMANNARKOIL POLICE STATION, CUDDALORE DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.E.MANOHARAN Advocate on payment of necessary charges SR.NO.12664 CRL OP.20889/2021 Date :10/11/2021 JPA 16/11/2021