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Madras High CourtCRL OP(MD)/6193/2020ordered

Kannan v. The Inspector Of Police

2020-06-12Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.6193 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.6193 of 2020 Kannan ... Petitioner/1st Accused Vs The State rep. by The Inspector of Police, Kottar Police Station, Kanyakumari District (In Crime No.689 of 2020).

... Respondent/Complainant For Petitioner : M/s.Y.Sasikumar, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.689 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 505 (2) of I.P.C., and Section 67 of Information Technology Act in Crime No. 689 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner's case is that he only wanted proper investigation into the crime said to have been committed by one Kasi. The said Kasi is accused of having sexual exploited and spoiled the lives of several women and also extracted money from them. The petitioner is a journalist and he had raised certain queries. The petitioner only wants an effective investigation into the crime committed by the said Kasi. In the course of a journalistic pursuit, the accused is alleged to have injured the reputation of some persons. It is for defamed individuals to sue the petitioner privately. Filing of the First Information Report does not appear to be a proper response.

4. These are only my tentative observations and they will nor have any bearing on the investigation as such. In any event arresting the petitioner is not going to serve any purpose.

5. The learned counsel appearing for the petitioner undertakes that the petitioner will appear before the respondent Police and co-operate with the investigation. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6193 of 2020

6. Recording the above said submission, I am 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 before the learned Judicial Magistrate, Nagercoil 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.

7. The petitioner shall appear before the concerned Magistrate within a period of eight weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 12/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID -19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NAGERCOIL, KANNIYAKUMARI DISTRICT.

2 -DO- THRO THE CHEIFJUDICIAL MAGISTRATE, KANNIYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE KOTTAR POLICE STATION, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.6193 of 2020 Date :12/06/2020 PD/VR/SAR 3/18.06.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2