Manoharraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14097 of 2018 1 MANOHARRAJ 2 V.S.E. RATHIS KUMAR ... PETITIONERS / ACCUSED A1 AND A2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION SRIRANGAM, SRIRANGAM, TRICHY DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : Mr.C.JEGANATHAN Advocate for VEERA ASSOCIATES For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 and A2 apprehend arrest at the hands of the respondent police for the offences punishable under Section 4 of Tamilnadu Prohibition of harassment of Women Act and Section 66 A of Information Technology Act, in Crime No.17 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the Ex-President of Lions Club and since the petitioners published false and anonymous statement in Facebook as well as Mail to tarnish her and her husband's name, they have worried physically and mentally and their names were tarnished among the public. Hence, a complaint has been registered.

3.Heard the learned counsel appearing for the petitioners, who would submit that the first petitioner is a Civil Contractor and a member of Lions Club International and hold various positions and the second petitioner is a business man and he is also an active member of Lions Club International. The alleged complaint has been given only on assumption that the statement made by the petitioners in their facebook on 29.04.2018 expressing his opinion on some incident about the past District Governor of Lion Clubs International . There is no comments about the individual names and it is a false case and foisted against the petitioners only to wreck vengeance in respect of their allegations.

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4.The learned Additional Public Prosecutor appearing for the respondent submitted that investigation is pending. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.1, Trichy and on their executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 09/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ARUL TO 1 THE JUDICIAL MAGISTRATE NO -I, TRICHY.

2 THE CHIEF JUDICIAL MAGISTRATE TRICHY, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION SRIRANGAM, SRIRANGAM, TRICHY.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MC.JEGANATHAN Advocate SR.No.15274 PS/VR-MMS/SAR-1;10/08/2018:2P/6C

ORDER

IN CRL OP(MD) No.14097 of 2018 Date :09/08/2018 https://hcservices.ecourts.gov.in/hcservices/