Madras High CourtCRL MP(MD)/11731/2024disposed of

Kathiravan@ Kadhiravankumar v. The State Of Tamilnadu

2024-11-04Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of November Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH IN CRL OP(MD) No.14691 of 2024 KATHIRAVAN @ KADHIRAVANKUMAR ... PETITIONER/PETITIONER Vs THE STATE OF TAMILNADU REP. BY THE INSPECTOR OF POLICE, MANDAPAM POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.127 OF 2024 ... RESPONDENT/RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition in Para No.7(c) in CRL.OP(MD)No.14691/2024 passed by this Honble Court dt. 03.09.2024 in connection with Cr.No. 127 of 2024 on the file of the Respondent Police.

Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.B.MAHENDRARAJAN, Advocate for the petitioner and of Mr.A.ALBERT JAMES, Government Advocate(Crl.side) on behalf of the Respondent, the Court made the following order:- This petition has been filed to modify the condition that was imposed by this 1/4

Court while granting anticipatory bail to the petitioner to the effect that the petitioner should file an undertaking affidavit that he will come out of the social media.

2.The learned Counsel for the petitioner submitted that the petitioner undertakes not to post any derogative/inflammatory statement in the social media and that the petitioner will file an undertaking affidavit to that effect. 3.Per contra, the learned Government Advocate (Crl.Side) submitted that the petitioner by using the social media has posted inflammatory statements/messages against a particular community and therefore, considering the same, this Court had imposed such a condition. That apart, the petitioner is also having nine previous cases against him.

4.Considering the facts and circumstances of the case and also considering the reality that prevails in the society, where everyone is glued to the social media, it will be impossible to take a person out of social media. In view of the same, this Court is inclined to modify the condition imposed against the petitioner. 2/4

5.The condition (C) shall stand modified as follows: (c).The petitioner shall file an affidavit to the effect that he will not post any defamatory/inflammatory/denigrating messages in the social media against any person or community.

6.This affidavit shall be filed before the concerned Judicial Magistrate, within a period of two days from today (i.e.,04.11.2024) and time is extended by ten days to the petitioner to surrender and execute the sureties as ordered by this Court, from today, failing which, the petition for anticipatory bail shall stand automatically dismissed. Accordingly, this petition is ordered. 7.It is made clear that no further extension of time will be granted. sd/- 04/11/2024 / TRUE COPY / 04/11/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE RAMESWARAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE, MANDAPAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN IN CRL OP(MD) No.14691 of 2024 Date :04/11/2024 SS/SAR- /04/11/2024/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4