✦ High Court of India · 05 Aug 2025

High Court · 2025

Case Details High Court of India · 05 Aug 2025

Court

High Court of India

Decided

05 Aug 2025

Bench

M.NIRMAL KUMAR

Length

1,405 words

Acts & Sections

Code of Criminal Procedure Indian Penal Code

Crl.O.P.No.14382 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASRESERVED ON : 08.07.2025PRONOUNCED ON : 05.08.2025CORAMTHE HONOURABLE MR.JUSTICE M.NIRMAL KUMARCrl.O.P.No.14382 of 2025Arivoli @ Arivoly... Petitioner Vs.The State rep. byThe Inspector of Police,Annamalai Nagar Police Station,Cuddalore District.Crime No.194/2024... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of BNSS, to enlarge the petitioner on bail in the event of his arrest Crime No.194 of 2024 on the file of the respondent police pending investigation.For Petitioner : Mr.R.Sankarasubbufor Mr.SiranjeeviFor Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)Page No.1 of 10 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14382 of 2025ORDERThe petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 353(2) of BNS in Crime No.194 of 2024, on the file of the respondent Police, seeks anticipatory bail 2.The gist of the complaint is that on 29.08.2024 at about 10.30 a.m., the defacto complainant, an auto driver went along with this friends Vignesh, Dhanasekaran, Manikandan, Damodaran and Sathish Kumar near Rajendra Statute, Annamalai Nagar, at that time, they saw the petitioner selling books to the Annamalai University students in the name of “,uj;jk; Fof;Fk; murpay; ffh; (,Wjp) eltof;if”. The defacto complainant purchased a book and on reading the same, in page No.5, he found about Maoist agitation and obstruction to the Police force and about killing of a pregnant women in Bijapur District and further about forcible displacement of Adivasis to plunder the natural resources to the benefit of capitalist. According to the defacto complainant, the book contains false information, alarming news with an intention to create and promote enmity, hatred between the regional groups and communities. Hence, lodged the Page No.2 of 10 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14382 of 2025complaint.3.The contention of the learned counsel for the petitioner is that the petitioner has not committed any offence. The book is nothing but a reproduction of certain portions of an article “State Vs Citizen As Operation Kagar's lethal deadline looms over the land, the bodies pile up” published in Frontline Magazine by the leading publishing group The Hindu. In April 30, 2025 issue, this is the cover story and from Pages 10 to 53, this has been widely covered with various photographs, interviews and atrocities committed by the Police in forcibly displacing the Adivasis for exploiting the mineral wealth. He would submit that the petitioner, fighter for marginalized and deprived, translated this English article into Tamil language in a book form. He would further submit that except for the defacto complainant, who is an auto driver, a hand man, at the mercy of the Police lent his name and case registered. No public complained after reading the book and no hatred feeling generated and there is no other incident of religious disharmony created among the public. The freedom of speech, expression and writing is a fundamental right enshrined in the Constitution of India which cannot be scuttled by filing the above case. Page No.3 of 10 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14382 of 2025Hence, prayed for bail.4.The learned Government Advocate (Crl.Side) filed his counter and submitted that on the complaint of the defacto complainant, a case registered by Annamalai Nagar Police Station in Crime No.194 of 2024 under Section 353(2) BNS against the petitioner on 29.08.2024. The then Sub-Inspector of Police took up investigation, went to the scene of occurrence, prepared observation mahazar, drew rough sketch in the presence of witnesses, examined the defacto complainant and other witnesses and recorded their statements. He would submit that the petitioner filed this present anticipatory bail petition only to escape from the clutches of law and to drag on the investigation. He further submitted that the petitioner/accused is a History Sheeted Rowdy in HS.No.329/1991 on the file of Annamalai Nagar Police Station and he involved in the following cases:S.No.Police Station Cr.No. U/s.Stage of the case1.Annamalai Nagar PS., Cr.No.224/1991, U/s.153(A) IPC & 4 and 5 of Explosive Substance Act & Sec.3(2), 4 of Terrorist and AcquittalPage No.4 of 10 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14382 of 2025S.No.Police Station Cr.No. U/s.Stage of the caseDescriptive activities Prevention Act, 19872.Annamalai Nagar PS., Cr.No.261/2016U/s.151 Cr.P.C. & 7(1)(A) CLA ActAcquittal3.Annamalai Nagar PS., Cr.No.196/2018U/s.124(A), 153(A), 1(a), 505(ii) IPCNot Taken on file4.Annamalai Nagar PS., Cr.No.280/2019U/s.505(i)(b) IPCPending Trial5.Annamalai Nagar PS., Cr.No.281/2019U/s.505(i)(b) IPCPending Trial6.Annamalai Nagar PS., Cr.No.282/2019U/s.505(i)(b) IPCPending Trial7.Annamalai Nagar PS., Cr.No.283/2019U/s.505(i)(b) IPCPending Trial8.Annamalai Nagar PS., Cr.No.459/2020U/s.505(i)(b) IPCPending Trial9.Annamalai Nagar PS., Cr.No.939/2020U/s.505(i)(b) IPCUnder Investigation10.Annamalai Nagar PS., Cr.No.51/2025U/s.353(2) BNSUnder InvestigationHence, strongly opposed this anticipatory bail petition.5.Considering the submissions made and on perusal of the materials, it is seen that the Tamil book “,uj;jk; Fof;Fk; murpay; ffh; (,Wjp) eltof;if”is nothing but a concised Tamil version of Article “State Vs Citizen As Operation Kagar's lethal deadline looms over the land, the bodies pile up” published in Frontline Magazine. Admittedly neither the Frontline Magazine for the cover story nor the Tamil version of the book is Page No.5 of 10 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14382 of 2025banned. Further, except the complaint from defacto complainant there are no other complaints from anyone for causing any disharmony in the Society. Though the learned Government Advocate (Crl. Side) had listed ten previous cases against the petitioner, out of which, in two cases, petitioner got acquitted, five cases are pending trial, two cases are under investigation and one case is yet to be taken on file. It is also seen that the petitioner though shown as history sheeted rowdy in HS.No.329/1991, it is not periodically reviewed and extended. In view of the above, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Chidambaram on condition that the petitioner shall execute a bond for a sum of Rs.5,000/- (Rupees Five 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: Page No.6 of 10 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14382 of 2025[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [c] the petitioner shall appear before the respondent Police as and when required for interrogation; [d] the petitioner shall not abscond either during investigation or trial and he shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed Page No.7 of 10 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14382 of 2025and 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)13 SCC 283]; [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 05.08.2025Speaking Order/Non Speaking OrderIndex : Yes/NoNeutral Citation: Yes/NocseNote :1. Registry is directed to forthwith upload this order in the Official Website of this Court.2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.To1.The Judicial Magistrate No.I,Page No.8 of 10 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14382 of 2025 Chidambaram. 2.The Inspector of Police, Annamalai Nagar Police Station, Cuddalore District.3.The Public Prosecutor, Madras High Court.Page No.9 of 10 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14382 of 2025M.NIRMAL KUMAR, J.csePre-delivery order made in Crl.O.P.No.14382 of 2025 05.08.2025Page No.10 of 10

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