Vijayakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/05/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Vijayakumar ... Petitioner/Accused Vs The State represented by The Inspector of Police, Vadipatti Police Station, Madurai District.
(Crime No.185 of 2021).
... Respondent/Complainant For Petitioner : Mr.S.M.Anantha Murugan, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.185 of 2021 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 67 of the Information Technology Act, 2000 and Sections 505(1)(c) and 504 of IPC, in Crime No.185 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.Heard both sides.
3.The case of the prosecution is that the defacto complainant is a follower of a political party, on 24.02.2021, the petitioner is said to have published a post in his facebook page, wherein, he made defamatory words against the Ex-chief Minister to provoke breach of peace among the general public. Hence, the complaint.
4.The learned counsel for the petitioner would submit that the petitioner has filed an undertaking affidavit before this Court 1/3
stating that he will not published any kind of such post either in the facebook or any social media in future and hence, he seeks anticipatory bail.
5.The learned Additional Public Prosecutor for the respondent strongly opposed this petition.
6.In the light of the above said undertaking given by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest by the respondent police on executing personal bond for a sum of Rs.10,000/- [Rupees Ten Thousand only] with two sureties each for a likesum to the satisfaction of the respondent police and on further condition that the petitioner shall appear before the Judicial Magistrate, Vadipatti, Madurai District, and execute a fresh personal bond for a sum of Rs.10,000/- [Rupees Ten Thousand only] with two sureties each for a likesum to the satisfaction of the concerned Judicial Magistrate, within a period of one month, from the date of resumption of regular work in subordinate Courts in view of the present pandemic situation and on further conditions that:
(a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall appear before the respondent police, once in two weeks i.e., on Monday, at 10.30 a.m., until further orders;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond either during investigation or trial;
(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 21/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE JUDICIAL MAGISTRATE, VADIPATTI, MADURAI DISTRICT.
2.DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3.THE INSPECTOR OF POLICE, VADIPATTI POLICE STATION, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6902 of 2021 Date :21/05/2021 sji/vsd AE/AKM/SAR-III/28.05.2021/3P/5C 3/3