Arul Narlin Dinakaran @ Arul Narly Thinagen v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Arul Narlin Dinakaran @ Arul Narly Thinagen ... Petitioner/4th Accused Vs The Inspector of Police, Mukkudal Police Station Tirunelveli District..
... Respondent/Complainant For Petitioner : Mr.J.Selvin Rajesh for M/s.Dictum Law Firm, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.116/2024 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 1/5
respondent police for the offences punishable under Sections 354C and 509 IPC and Sections 66E, 67A of Information Technology Act, 2000 in Crime No.116 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that A1, who is the husband of the defacto complainant, with the help of the petitioner herein and other accused have defamed the defacto complainant continuously by uploading her photos on social media. Hence, the complaint.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.
4. Considering the fact that earlier in respect of very same allegation case was filed and subsequently this case is about uploading the pictures, when the matter is still under investigation, as to who are the persons involved in uploading the said pictures in Twitter, considering the fact that the petitioner is only the 4th accused, being the brother of the husband of the de facto complainant and also considering the fact that the other accused have also been granted anticipatory bail, I am inclined to enlarge the petitioner on anticipatory bail. 2/5
5. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, on 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 learned Judicial Magistrate, Cheranmahadevi. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent Police, daily at 10.30 am for a period of three weeks and thereafter as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)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 3/5
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]. (vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 13/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE INSPECTOR OF POLICE MUKKUDAL POLICE STATION TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M/S.DICTUM LAW FIRM, Advocate ( SR-9870[I] dated 13/08/2024 ) 4/5
ORDER
IN CRL OP(MD) No.13293 of 2024 Date :13/08/2024 SS/VR/SAR- /27/08/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5