Kannan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.12438 of 2017 KANNAN, ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, ALANGANALLUR POLICE STATION, ALANGANALLUR, MADURAI DISTRICT.

(CRIME NO.438 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.T.INDRACHITHU Advocate For Respondent : MR.A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / sole accused, who was arrested on 28.08.2017 for the offences punishable under Sections 153(A), 505(1)(c), 505(2) IPC r/w Section 66 of Information Technology Act, 2000 in Crime No.438 of 2017 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner is the District Secretary to Youth Puthiya Tamizhgam political party and the de facto complainant is the Joint Secretary to Youth Pasumpon Thesiya Kazhagam. The petitioner sent a message in face book to one Selvam, who is the friend of the petitioner, as if Pasumpone Muthuramalinga Thevar is wearing saree and thereby, the petitioner tarnishing the name of Pasumpone Muthuramalinga Thevar and created a disharmony between two communities.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is in custody from 25.08.2017 onwards.

4.The learned Additional Public Prosecutor submitted that the petitioner is the sole accused and earlier bail petition filed by the petitioner in Crl.O.P.(MD)No.11970 of 2017 before this Court as dismissed on 11.09.2017 on the ground that the petitioner has https://hcservices.ecourts.gov.in/hcservices/

created a disharmony between two communities and picketing is also posted. He further submitted that after dismissal of the earlier bail petition, there is no change in circumstances and investigation is still pending.

5.Considering the facts and circumstances of the case and considering the fact that after dismissal of the earlier bail petition, there is no change in circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the Criminal Original petition stands dismissed.

sd/- 20/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

NBJ TO 1 THE INSPECTOR OF POLICE, ALANGANALLUR POLICE STATION, ALANGANALLUR, MADURAI DISTRICT.

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

3 THE OFFICER INCHARGE BORSTAL SCHOOL, MELUR, MADURAI GJM/CM/MSA/SAR-3-25.9.17-2P-4C

ORDER

IN CRL OP(MD) No.12438 of 2017 Date :20/09/2017 https://hcservices.ecourts.gov.in/hcservices/