Anticipatory bail sought for alleged offences under Sections 295A and 504 IPC over an objectionable Facebook post. The court granted bail with conditions including daily reporting to police, noting the petitioner removed the post.
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Crl.O.P.No.28516 of 2023
Crl.O.P.No.28516 of 2023
C.V.KARTHIKEYAN , J.
The petitioner/accused who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 295A and 504 of IPC in Crime No.650 of 2023 on the file of the respondent police, seeks anticipatory bail.
Crl.O.P.No.28516 of 2023
in putting up the post complained of. The fact is that the petitioner had removed the objectionable post on the day when the matter was listed earlier on 23.01.2024. To that extent, I hope that the petitioner would have repented for the post which he had put up, for which he is now in the position as an accused in the eyes of law.
Crl.O.P.No.28516 of 2023
conditions.
the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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., until further orders;
[c] the petitioner shall not tamper with evidence
Crl.O.P.No.28516 of 2023
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 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC;
05.02.2024
mjs
Crl.O.P.No.28516 of 2023
C.V.KARTHIKEYAN, J. mjs
Crl.O.P.No.28516 of 2023
05.02.2024
1 issue framed by the court
Whether anticipatory bail should be granted to a person accused of posting objectionable content about a religion on Facebook.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaApplied¶6
(2005)AIR SCW 5560 · Who else cites this
2 provisions across 1 enactments
Petitioner/Accused
Respondent Police
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
