S. Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9312 of 2016 1 S. KUMAR (*)2 V. BALARAM 3 R. PRAKASH 4 P. KARUNAKARAN ... PETITIONERS / ACCUSED No.1 to 3 & 5 Vs The State Rep.by THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MUSIRI, TRICHY DISTRICT.
(CRIME NO. 5 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.P.KARUPPASAMY Advocate For Respondent : Mr.K.Anbarasan, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 3 and 5 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 509 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 67-A of Information Technology Act, 2000, in Crime No.5 of 2016 on the file of the respondent police and hence, seek anticipatory bail.
2. The case of the prosecution is that the petitioners involved in spreading rumours and scandalous remarks against the defacto complainant by sending anonymous letters to the general public and through a messenger application "Whatsapp". On complaint, a case has been registered against the petitioners.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are working as teachers in Government Primary Schools and they have circulated scanned copy of the of alleged scandalous letter through whatsapp messenger within https://hcservices.ecourts.gov.in/hcservices/
themselves and prays for anticipatory bail in favour of the petitioners.
4. The learned Government Advocate (Crl.Side) submitted that the investigation of the case is pending.
5.Considering the facts and circumstances of the case and also considering the fact the petitioners are working as teachers, this Court is 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 before the learned Judicial Magistrate, Thuraiyur and on each of them 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 petitioners shall appear before the respondent police daily at 6.00 p.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6. The petitioners 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 stands dismissed.
sd/- 15/06/2016 (*) Amended as per order of this Hon'ble Court made in Crl.MP(MD)6187/16 in Crl.OP(MD).9312/16 dated 29.07.16.
(**) Time for executing the sureties extended for a period of one week from date of receipt of order.
Sd/- 29/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO To be substituted the order copy already despatched. 1 THE JUDICIAL MAGISTRATE, THURAIYUR 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MUSIRI, TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S R.P.KARUPPASAMY Advocate SR.No.41109 sm:SK-SKN:SAR III:17.06.2016:2P/6C JAM/08.08.2016/SKS-RR/SARI/2P-6C
ORDER
IN CRL OP(MD) No.9312 of 2016 Date :15/06/2016 https://hcservices.ecourts.gov.in/hcservices/