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Madras High CourtCRL OP(MD)/5384/2018granted

Subbukutti @ Subramanian, v.

2018-04-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5384 of 2018 SUBBUKUTTI @ SUBRAMANIAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE, KALAKKAD POLICE STATION, TIRUNELVELI. (Crime No.118 of 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.SADIQ RAJA Advocate For Respondent : M/S. 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 petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b) and 153-A IPC and Section 67 of the Information Technology Act, 2000, in Crime No.

118 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that the de-facto complainant is the Vice President of Nadar Mahajana Sangam, situated at Ramanathapuram District. The petitioner uploaded a Video through WhatsApp and in the said Video clip, he made defamatory statement about the Nadar community and one Selvin Nadar. On complaint, a case has been registered for the abovesaid offence. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) submitted that there is no previous case registered against the petitioner. 5.Taking note of the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Nanguneri, and on his 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 petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioner 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/- 06/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI, THIRUNELVELI DISTRICT.

2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, KALAKKAD POLICE STATION, TIRUNELVELI.

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

+1. CC to M/S.D.SADIQ RAJA Advocate SR.No.5625.

ORDER

IN CRL OP(MD) No.5384 of 2018 Date :06/04/2018 SDS/CM/SAR.3/09.04.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/