R Gobi v. State Of Tamilnadu Rep By Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.17809 of 2025 R.Gobi ... Petitioner/ Sole Accused Vs State rep. by The Inspector of Police, Soolakarai Police Station, Virudhunagar District.

(Crime No.263 of 2025) ... Respondent/Complainant For Petitioner : Mr.R.Santhanam For Respondent : Mr.S.S.Manoj Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.263 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 196(1)(a) of BNS Act, 2023, in Crime No.263 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that petitioner, who is the President of District Unit of a political party has uploaded an old video and posted a message in Facebook, promoting enmity between two political cadres. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that due to political vengeance a false case has been foisted against the petitioner. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the petitioner has uploaded an old video and posted a message in Facebook, promoting enmity between two political cadres.

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5. The allegation against the petitioner is that he had uploaded an old video with a caption stating that the Hon'ble Chief Minister of Tamil Nadu should not visit Madhya Pradesh, and that if he does so, he would be burnt alive. A complaint was lodged by an official of a political party against the petitioner, who also belongs to the same political party. It is stated that there is always rivalry between political parties. In fact, this Court has repeatedly observed that several unwanted messages and allegations are being circulated on social media platforms such as Facebook and Instagram, which remain uncontrolled. However, taking into consideration the fact that the petitioner has not threatened the Hon'ble Chief Minister but has only cautioned him, and that there is no threat to his life, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Virudhunagar 3/6

District, 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 to the Police Officer, who intends to arrest or 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 Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall not post any such videos in future; (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 4/6

action against the petitioner in accordance with law as if the conditions have been imposed and the petitioners 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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 28.10.2025 jbr To

1. The Judicial Magistrate No.II, Virudhunagar District.

2. The Inspector of Police, Soolakarai Police Station, Virudhunagar District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.17809 of 2025 Date : 28.10.2025 6/6