Suresh v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Suresh ... Petitioner -vs1.The Deputy Superintendent of Police O/o. The Deputy Superintendent of Police, Gorimedu, Puducherry.

2.The Inspector of Police, CBCID, Puducherry.

3.Mr.Pavanan ... Respondents Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in the event of arrest in Crime No.11 of 2020 pending investigation on the file of the respondent police. For Petitioner :

Mr.M.Chandru For Respondent :

Mr.K.S.Mohandoss Public Prosecutor (Puducherry) ********** 1/4

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 67 of Information Technology Act and 153A, 294B, 506(1), 509 of IPC and also with provisions of section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Crime No.11 of 2020, on the file of the respondent police, seeks anticipatory bail.

2.The allegation against the petitioner is that he joined hands with other accused, started a group on WhatsApp with the intention to cause humiliation on a particular community (scheduled castes). It is further alleged that photographs of political leaders were also placed, and abusive messages were posted. One of the persons in the group immediately lodged a complaint in this regard, hence the complaint has been lodged.

3.The learned counsel for the petitioner submitted that the petitioner was not aware of the group in existence and has been falsely implicated in this case, and prays for anticipatory bail on the ground that the SC/ST Act registered in this case is not applicable to the petitioner. 2/4

4.The learned Public Prosecutor (Puducherry) reported that this petitioner acted as one of the group admin, and he cannot claim he had no knowledge about the group. Since the SC/ST Act is clearly made out in the FIR, and it is also attracted against the petitioner. Hence, opposed to grant bail to the petitioner.

5.I have gone through the FIR and connected records, and it reveals that the case was registered since the people of the scheduled community has been insulted, and messages were posted in this regard. Further, a political leader was also insulted on the basis of caste discrimination. Hence, I am of the view that there is a prima facie case that attracts the SC/ST Act. Hence, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is dismissed.

11.11.2025 mpa To 1.The Deputy Superintendent of Police O/o. The Deputy Superintendent of Police, Gorimedu, Puducherry.

2.The Inspector of Police, CBCID, Puducherry.

3.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

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