Madras High CourtCRL OP(MD)/16483/2017granted

Thennarasu, S/O.Ramaiya, v. The Inspector Of Police,

2017-11-30Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) Nos.16483, 16484, 16485 of 2017 1 THENNARASU 2 R. RAJAMANI ... PETITIONERS No.1 & 2/ACCUSED No.1 & 2 IN CRL OP(MD) Nos.16483, 16484/2017 THENNARASU ... PETITIONER/SOLE ACCUSED IN CRL OP(MD) No.16485/2017 Vs STATE REP.BY, THE INSPECTOR OF POLICE, K.PUDUPATTI POLICE STATION, PUDUKKOTTAI DISTRICT.

CRIME.NO.160 OF 2017 ... RESPONDENT/COMPLAINANT IN CRL OP(MD) No.16483/2017 CRIME.NO.161 OF 2017 ... RESPONDENT/COMPLAINANT IN CRL OP(MD) No.16484/2017 CRIME.NO.162 OF 2017 ... RESPONDENT/COMPLAINANT IN CRL OP(MD) No.16485/2017 For Petitioners : M/S.V.RAJIV RUFUS Advocate For Respondent : MR.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 & 2 in Crl.O.P.Nos.16483 & 16484 of 2017 and the petitioner/Sole Accused in Crl.O.P.Nos.16485 of 2017, apprehend arrest at the hands of the respondent police for the offences punishable under Section 294(b), 384, 469, 500, 503 IPC and 67A of Information Technology Act, 2000, in Crime Nos.160, 161 of 2017 and in Crime No.162 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that Chellaiah and Annathurai lodged two complaints against the petitioners. The gist of the complaint is that one Rajamani Thennarasu made a derogatory statement through face book against the defacto complainant. Thereby, the defacto complainant gave a complaint before the respondent police.

3.The learned counsel for the petitioners submitted that the first petitioner have an account in the face book in the name of Rajamani Thennarasu, Rajamani is the mother of the Thennarasu. The first petitioner has done nothing with this alleged crime as if it was floated through face book. The second petitioner, being a lady, aged about 56 years, does not know how to operate face book. Without verifying the name of the person, Mr.Rajamani Thennarasu appeared in the face book account with his mother's name, the respondent police lodged a complaint against the petitioners. 4.The learned Government Advocate (Criminal side) appearing for the State would submit that in the face book conversation posted by one Rajamani Thennarasu, the first petitioner herein, no derogatory statements are there by anyone of the persons. 5.

Considering the facts and circumstances of the case, I am 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, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Thirumayam, Pudukottai District, on condition that the petitioners shall execute a common bond for a sum of Rs.

(i) the petitioners shall report before the investigation officer, as and when required for interrogation on receipt of summon;

(ii)the petitioners shall not tamper with evidence or witness either during investigation or trial; (iii)the petitioners shall not commit any offence while on bail;

(iv)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically.

sd/- 30/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TIRUMAYAM, PUDUKKOTTAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT 3 THE INSPECTOR OF POLICE, K.PUDUPATTI POLICE STATION, PUDUKKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.RAJIV RUFUS Advocate SR.No.35399

ORDER

IN CRL OP(MD) Nos.16483, 16484, 16485 of 2017 Date :30/11/2017 PK/RR/SAR-4/06.12.2017 : 3P/6C