V.Murugan v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2025 PRESENT THE HONOURABLE MS. JUSTICE R.N.MANJULA V.Murugan, S/o.Velsamy, No.10/4, Melakkarai Kamarajar, 4th Street, Alaguneri Post, Thachanallur, Tirunelveli.

... Petitioner/Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Thatchanallur Police Station, Tirunelveli City.

(Cr.No.109 of 2025).

... Respondent/Complainant For Petitioner : M/s.T.Seeni Syed Amma for Roy and Roy Associates For Respondent : Mr.S.Prakash , Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.109 of 2025 on the file of the respondent 1/5

Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 197(1)(d), 352 of BNS, 2023 in Crime No.109 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner has posted an objectionable post in his social media platform regarding recent Terrorist attack at Pahalgam and posted objectionable post against the ruling party. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is a social activist, he regularly participated in the protest against the TASMAC and other social issues. He had not offended any of the political parties. The petitioner is an innocent person and he had not committed any offence as alleged by the prosecution. A false case has been foisted against the petitioner. This petitioner is ready and willing to abide any conditions that may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl.side) would submit that this petitioner posted objectionable post in social media regarding terrorist attack at 2/5

Pahalgam and posted objectionable post against the political parties, and hence he objected to grant anticipatory bail to the petitioner. However, he fairly concedes that no previous case is pending against the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that no previous case is pending against the petitioner, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions:

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.IV, Tirunelveli on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioner and 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 report before the respondent police daily twice at 10.30 a.m., and 05.30p.m., until further orders;

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(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/petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 06/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO

1. THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

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3. THE INSPECTOR OF POLICE, THATCHANALLUR POLICE STATION, TIRUNELVELI CITY.

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

+1 CC to M/s.M/S.ROY AND ROY ASSOCIATES, Advocate ( SR-6050[I] dated 09/06/2025 )

ORDER

IN CRL OP(MD) No.9445 of 2025 Date :06/06/2025 HPS/13.06.2025 /5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5