Madras High CourtCRL OP(MD)/1817/2018ordered

J.Mariselvam v. The Inspector Of Police

2018-02-06Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1817 of 2018 J.MARISELVAM ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR.

CRIME NO.741/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.P.SANKARAKUMARAKURUPARAN Advocate For Respondent : M/S.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A5, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 153(A), 292, 505(1)(c) of IPC., and 67 A of Information Technology Act, in Crime No.741 of 2017, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has published the abusive pictures of the particular community leader in social media, so this case has been registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he is no way connected with the alleged offence and pleads for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that there are totally 5 accused are involved in this case, in which, this petitioner is arrayed as A5. He further added that A1 to A3 were arrested and released on bail by the Sessions Court itself. He further submitted

that the petitioner has two previous cases and part of the investigation is completed.

5.The submissions made by the learned counsel appearing on either side are considered. It is alleged that during the time of occurrence, the petitioner herein along with 4 other accused morphing the pictures of the community leader and published it in social media. As per the submissions made by the learned Government Advocate (Criminal side), as of now, other accused are arrested and released on bail and a part of the investigation is completed. Hence, considering the stage of the investigation, this Court came to the conclusion that custodial interrogation of the petitioner may not be necessary for completing the investigation. However, considering the other aspects, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.II, Sivakasi, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i)the petitioner shall report before the Tiruvallur Town Police Station, daily at 10.30 a.m.

(ii)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iii)the petitioner shall not abscond either during investigation or trial;

(iv)on breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioner shall stand automatically cancelled and 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 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].

sd/- 06/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISRATE NO.II, SIVAKASI 2 THE CHEIF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT. 3 THE INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR.

4 THE INSPECTOR OF POLICE, THIRUVALLUR TOWN POLICE STATION, THIRUVALLUR. 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.P.SANKARAKUMARAKURUPARAN Advocate SR.No.2180

ORDER

IN CRL OP(MD) No.1817 of 2018 Date :06/02/2018 PK/PM-PN/SAR-2/13.02.2018 : 3P/7C