Madras High CourtCRL OP(MD)/13734/2021ordered

Mujithvel v. The Inspector Of Police

2021-09-17Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Mujithvel, ... Petitioner/Accused Vs State Rep.by The Inspector of Police, Vijayanarayanam Police Station, Tirunelveli District.

(Cr. No. 115 of 2021).

... Respondent/Complainant For Petitioner : M/s.Selvan T, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 115 of 2021 on the file of the Respondent police ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent Police, for the offence punishable under Sections 153, 504 and 505(1)(C) IPC, in Crime No.115 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 11.07.2021, the petitioner sent an audio WhatsApp message to several persons and thereby, defaming the freedom fighters and caused communal clash between two different communities people.

3. The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any such offence as alleged by the prosecution. He further submits that since the petitioner has solemnized inter-caste marriage, this false complaint has been lodged and he is not responsible for the alleged WhatsApp message.

4. The learned Government Advocate (Crl. Side) opposed for grant of bail on the ground that apart from this case, the petitioner is also having one previous case. He further submits that the petitioner spread the message in WhatsApp and thereby, disturbing communal harmony among two communities. 1/3

5. Considering the facts and circumstances of the case, the nature of allegations levelled against the petitioner and the antecedent of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with stringent condition.

6. Accordingly, the Criminal Original Petition is ordered. The petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Nanguneri, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall report before the respondent police daily twice, i.e. morning at 10.30 a.m. and evening at 5.30 p.m. until further orders;

[c]the petitioner shall not tamper with the 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 is 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]; [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 17/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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.

TO 1 THE LEARNED JUDICIAL MAGISTRATE, NANGUNERI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE VIJAYANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.13734 of 2021 Date :17/09/2021 RD/SKN/SAR-IV(23.09.2021) 3P 5C 3/3