R.Shanmugasundaram v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.7613 of 2017 R.SHANMUGASUNDARAM ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY ITS, THE INSPECTOR OF POLICE VALLIYUR POLICE STATION, TIRUNELVELI DISTRICT CRIME NO. 134/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.PRAGALATHAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused in Crime No.134 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 67 of the Information Technologies (Amendment) Act and Section 503 IPC and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/State. 3.The learned counsel for the petitioner submitted that the petitioner is alleged to have posted messages tarnishing the image of the defacto complainant in the face book. He would further submit that the defacto complainant is the President of Viyabarigal Sangam at Valliyur. The defacto complainant's brother has demolished the shop of the petitioner illegally. Though a complaint has been given by the petitioner with regard to the said act in the Sangam, the defacto complainant did not take any steps against his brother. Therefore, the petitioner has only expressed the bias attitude of the defacto complainant. He has not expressed anything tarnishing the image of the defacto complainant. He has been falsely implicated in this case. He is ready to co-operate with the enquiry.

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4.The learned Additional Public Prosecutor appearing for the respondent / Police submitted that the investigation is pending.

5. Considering the facts and circumstances of the case, this Court is 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, Valliyur, Tirunelveli District 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 once in a week i.e., on every Monday at 10.30 a.m. until further orders. The petitioner shall comply with the condition 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 automatically dismissed.

sd/- 20/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,VALLIYOOR, TIRUNELVELI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE VALLIYUR POLICE STATION,TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.N.PRAGALATHAN Advocate SR.No.24633 GCG CSL/RR-BS/SAR-II/23.06.2017: 2P/6C

ORDER

IN CRL OP(MD) No.7613 of 2017 Date :20/06/2017 https://hcservices.ecourts.gov.in/hcservices/