Thayabu @ A. Syed Thayabudeen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5076 of 2018 1 THAYABU @ A. SYED THAYABUDEEN 2 M. ABULHASAN ... PETITIONERS / ACCUSED NO.1 TO 2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE PAMBAN POLICE STATION, RAMANATHAPURAM DISTRICT.

IN CR.NO. 17/2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.B.SENTHIL KUMAR Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 2, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 153A, 294(b) 295A, 427, 505(2), 506(i) of I.P.C. in Crime No.17 of 2018, on the file of the respondent police, seek anticipatory bail.

2.There was a communal dispute between the petitioners and the defacto complainant. The allegation made against the petitioners is that the petitioners said to have posted a objectionable opinion and word about the Hindu and Muslim community in the Social Media through Facebook. The petitioners also abused the defacto complainant using filthy language and attacked him. Therefore, the defacto complainant lodged a complaint and the respondent police registered a case in Crime No.17 of 2018, on the file of the Inspector of Police, Pamban Police Station, Ramanathapuram District. 3.Heard the learned Government Advocate (Crl.side) appearing for the State and also the learned counsel appearing for the petitioners.

4.Considering the circumstances of the case, the first petitioner was arrested and later released on bail. Therefore, the learned counsel for the petitioner does not press in sofaras the https://hcservices.ecourts.gov.in/hcservices/

first petitioner is concerned. Therefore, this Court is inclined to grant anticipatory bail to the second petitioner with certain conditions. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court, Rameswaram and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the second petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 5.The second petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 03/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, RAMESWARAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE PAMBAN POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.B.SENTHIL KUMAR Advocate SR.No.5267

ORDER

IN CRL OP(MD) No.5076 of 2018 Date :03/04/2018 MKV-CM-VR-SAR 4/9.4.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/