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Madras High CourtCRL OP(MD)/19584/2019granted

Hajara @ Hajara Ammal v. The Inspector Of Police

2020-01-03Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.19584 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.19584 of 2019

1. Hajara @ Hajara Ammal

2. Asaraf Ali ... Petitioners/Accused No.6&7 Vs State through The Inspector of Police, Adiramapattinam Police Station, Thanjavur District.

Cr.No.296/2019. ... Respondent/Complainant For Petitioners : M/s.R.Maheswaran, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.296 of 2019 on the file of the respondent ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences under section 67 Information Technology Act and Section 109 of I.P.C., in Crime No.296 of 2019, on the file of the respondent police, seek anticipatory bail.

3. The case of the prosecution is that at the instance of the petitioners, a highly offending video defaming the defacto complainant has been prepared and is under circulation. The petitioners' counsel on instructions states that the petitioners have nothing to do with the same and in any event they will extend https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.19584 of 2019 their fullest cooperation for ensuring that the said video is taken down from the social media.

4. Recording the said undertaking, I am 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, Pattukkottai, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. 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 shall stand dismissed.

sd/- 03/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, PATTUKKOTTAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, ADIRAMAPATTINAM POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.R.MAHESWARAN, Advocate ( SR-141[I] dated 03/01/2020 ) ORDER IN CRL OP(MD) No.19584 of 2019 Date :03/01/2020 IAS TE/PN/SAR-IV : 08/01/2020 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2