Madras High CourtCRL OP/24326/2021granted

R. Natarajan v. The State, Rep By

2021-12-15Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24326 of 2021 R.Natarajan ... Petitioner

Versus

The State of represented by The Inspector of Police, Kudavasal Police Station, Thiruvarur District.

(Crime No.1106 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest by the respondent police pending investigation of the case in Crime No.1106 of 2021 on the file of the respondent. For Petitioner :

Mr.T.Muthukrishnan For Respondent :

Mr.N.S.Suganthan Government Advocate (Crl. Side) *********

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 67 of Information Technology Act in Crime No.1106 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 03.12.2021 the defacto complainant lodged a complaint stating that the petitioner had forwarded a Whatsapp message to his friends on 30.11.2021 which is relating to the defacto complainant. The defacto complainant are having previous enmity and therefore the defacto complainant made the false complaint against the petitioner. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He

further submitted that there is political ill motive. The affidavit also recorded and to accept the undertaking letter. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that through the petitioner's mobile he sent a false message to the close relatives of the said village which contends defamed message of the defacto complainant. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, 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 his appearance before the learned District Munsif cum Judicial Magistrate, Nannilam, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) 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 on 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 15/12/2021 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, NANNILAM, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KUDAVASAL POLICE STATION, THIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.T. MUTHUKRISHNAN Advocate on payment of necessary charges SR.NO.14829 CRL OP.24326/2021 Date :15/12/2021 RW 27/12/2021