Manikandan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Manikandan ... Petitioner/ Sole Accused Vs State represented by The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District. Crime No.232 of 2023. ... Respondent/Complainant For Petitioner : M/s.T.Lenin Kumar,Advocate

For Respondent : Mr.B.Nambiselvan,

Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.232 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Sole Accused herein, who was arrested on 27.08.2023 for the alleged offence under Sections 153(a), 505(i) of IPC r/w Section 74 of the Juvenile Justice (Care and Protection of Children)Act, 2015, in Crime No.232 of 2023, on the file of the respondent police, seeks bail.

¶2The case of the prosecution as per the defacto complainant is that they are watching the social media, they came across a facebook id belongs to one Manikkam, who is running an association called Thaai Tamil Arakkattalai. He uploaded a defamatory, insulting and inciting message against a particular school boy belongs to particular community and also the message insulted the sentiments of a particular community. On that basis of the above said message, it finds that the facebook ID was created for the purpose of creating enmity between two community people, a case was registered.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. She has been falsely implicated in this case. Hence, she seeks for the relief of bail.

¶4The learned Additional Public Prosecutor would submit that the petitioner is having previous cases in similar offences.

¶5Considering the facts and circumstances of this case and also considering the period of incarceration, this Court is inclined to grant relief to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, 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 the learned Judicial Magistrate No.3, Tirunelveli, and the petitioners shall file an undertaking affidavit before the trial Court that they will not indulge in any kind of offence in future and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 08/09/2023 TRUE COPY / 08/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. PNN TO THE JUDICIAL MAGISTRATE NO.3 TIRUNELVELI. DO THROUGH: THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. THE INSPECTOR OF POLICE TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI DISTRICT. THE SUPERINTENDENT, CENTRAL PRISON, TIRUNELVELI THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-13367[I] dated 08/09/2023 ) ORDER IN CRL OP(MD) No.16281 of 2023 Date :08/09/2023 PKP/SAR- /08.09.2023/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023