Madras High CourtCRL OP(MD)/7693/2020dismissed

Saravanan v. The Inspector Of Police

2020-08-03Honourable Mr Justice V. Bharathidasan2 pages

CRL OP(MD). No.7693 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.7693 of 2020 Saravanan ... Petitioner/Sole Accused Vs The State rep. by The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District , Cr.No, 31 of 2020. ... Respondent/Complainant For Petitioner : Mr.S.M.Sanjay, Advocate.

For Respondent : Mr.K. Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 31 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner, who is the sole accused, apprehending arrest at the hands of the respondent police for the offence punishable under sections 294(b), 323 and 506(ii) of IPC and 67 of Information Technology Act, 2002, in Crime No.31 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was said to have posted some abscene message against the defacto complainant and her son as if they are running the brothel house, when the same was questioned by the defacto complainant's son, the petitioner was said to have assaulted him with wooden log and caused injury. Based on the complaint given by the defacto complainant, the crime has been registered against the petitioner.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

4. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that https://hcservices.ecourts.gov.in/hcservices/

CRL OP(MD). No.7693 of 2020 due to previous enmity, the petitioner has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

5. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner was said to have posted some abscene message against the defacto complainant and her son, when the same was questioned by the defacto complainant's son, the occurrence said to have taken place. Hence, the crime has been registered.

6. Considering the facts and circumstances of the case and also considering the gravity of offence that the petitioner was said to have posted some abscene message in the social medial against the defacto complainant and her son, when the same was questioned by the defacto complainant's son, the occurrence said to have taken place, in view of the above circumstances and there is serious allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioners.

7. Accordingly, this criminal Original Petition is dismissed. sd/- 03/08/2020 / 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.

1. THE INSPECTOR OF POLICE, DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.7693 of 2020 VSG Date :03/08/2020 SRS/ VR/ SAR-III/ 05.08.2020/ 2P/3C https://hcservices.ecourts.gov.in/hcservices/