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2014 DIGILAW 4309 (MAD)

Petitioner v. Respondent

2014-11-18

P.N.PRAKASH

body2014
Judgment 1. The petitioner, who apprehends arrest at the hands of the respondent police for an alleged offence punishable u/s 66A (a), (b) and (c) of the Information Technology Act, seeks anticipatory bail. 2. Heard the learned counsel for the petitioner and Mr. V. Shanmugavelayutham, learned Public Prosecutor for the State. 3. Based on the written complaint lodged by one Chandraprakash, the police registered a case in Cr.No.84/2014 on 01.11.2014 against the petitioner/accused herein for offences u/s 66A (a), (b) and (c) of the Information Technology Act. 4. The complainant is an AIADMK sympathiser and the President of Building Contractors guild and the petitioner/accused is his business rival. The defacto complainant in his written complaint has stated that, he received a mini short film in 'WhatsApp' purported to have been sent by the petitioner/accused herein showing the clippings from the movies of the former Chief Minister with a background song. 5. Per contra, the learned counsel for the petitioner submitted that after the conviction of the former Chief Minister by the Special Court in Karnataka, the impugned excerpts are available in public domain for everyone to see and that it is nobody's case that the petitioner had authored it. 6. The learned Public Prosecutor produced the impugned material and this Court viewed it. This Court did not find anything obscene or vulgar in that. The former Chief Minister is being shown in the backdrop of a popular film song of MGR film taken during 1950's and 60's of the previous century. The learned Public Prosecutor also submitted that it will attract an offence under Section 505 IPC. Be that as it may, in my opinion, the mini short film appears to be a spoof and parody. Under such circumstances, I am inclined to grant anticipatory bail to the petitioner. 7. The learned Public Prosecutor also submitted that it will attract an offence under Section 505 IPC. Be that as it may, in my opinion, the mini short film appears to be a spoof and parody. Under such circumstances, I am inclined to grant anticipatory bail to the petitioner. 7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on 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.6, Coimbatore, 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] 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. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial. [c] the petitioner shall not abscond either during investigation or trial. [d] 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 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].