P.Chitra v. State Rep By

A.D.JAGADISH CHANDIRA , J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 506(i), 509 of IPC and 67 of Information Technology Act 2000 in Crime No.470 of 2022, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant Dhanam is that the accused who was running a Youtube channel in the name of 'Makkal Parvai' had uploaded abusive videos against the defacto complainant in the Youtube channel. Hence the complainant. 3.The learned counsel for the petitioner would submit that the petitioner who is a prominent Youtuber, was running a channel in the name of 'Makkal Parvai'. Due to enmity on account of running the Youtube channel, the defacto complainant has given a false complaint. He would further submit that the defacto complainant has also uploaded abusive messages against the petitioner. Further, she has filed an affidavit of undertaking that she will not upload any disputed videos and disputed

videos have also been removed from the social media. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the accused who was running a Youtube channel in the name of 'Makkal Parvai' had uploaded abusive videos against the defacto complainant in the Youtube channel. Hence he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Taking into consideration the facts and submissions of the learned Counsel, 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 her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Tambaram, Chennai District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees

Twenty Five 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, 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 their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent Police daily at 10.30 p.m., for a period of two weeks and thereafter, every Saturday at 10.30 a.m., until further orders.

[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; 13.10.2022 vkr

A.D.JAGADISH CHANDIRA , J.

vkr 13.10.2022