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Overview

  • On 30 April 2021, Honorable Justice M. Dhandapani of Madras High Court granted bail to two people in Crl.O.P.No.7664 Of 2021 accused of allegedly abusing India’s Prime Minister and police personnel and raising slogans against the Government.

Background of the case

  • The case of the prosecution was that all the petitioners are supporters of a banned moist organization.
  • It was said that the husband of A1 in the case by the name Manivasagam, said to have died in a police encounter.
  • After his death, all the petitioners in support of the deceased have raised slogans praising the deceased and also abused the Prime Minister and the Police personnel.
  • Therefore, a criminal case was registered against all the petitioners.
  • The main accused and the others are already released on bail and only two are left, who are the present petitioners.
  • Both the petitioners were arrested and remanded to judicial custody for the offence punishable under Sections 188, 120(b), 121, 121(A), 124(A), and Sec. 10, 13, 15, and 18 of the Unlawful Activities (Prevention) Act, 1967 in crime no.14 of 2020.
  • Now, the present petition has been filed by the two petitioners to seek bail.

Prosecutor’s Argument

  • The learned Additional Public Prosecutor appearing on behalf of the respondents strongly opposed the current petition for bail on the grounds that the petitioners are a part of a banned moist organization.
  • On 11th February 2019, they had abused the Honorable Prime Minister and raised slogans against the Government and Government officials.

Petitioner’s Argument

  • The learned Counsel appearing on behalf of the petitioners submitted that the occurrence said to have taken place in the year 2019 and the only allegation is that all the petitioners have raised slogans which were praising the deceased moist leader and that they said to have raised slogans against the Government an that there was no allegation of any violence.
  • He also submitted that the main accused in the case that is, A1 and others are already released on a bail and the petitioners are in jail for more than 45 days.
  • Therefore, he prayed before the Honorable Court to grant bail to the petitioners.

Court’s Decision:

  • The Judge in the case was Honorable Justice M. Dhandapani.
  • The Court has granted bail to the two petitioners on considering that the occurrence took place in 2019 and also considering the period of incarceration suffered by the petitioners.
  • The Court ordered the release of the Petitioners on the bail after executing a bond of Rs. 10,000 with two sureties, of whom one should be a blood-related surety, each for a like sum to the satisfaction of the Principal Sessions Judge, Salem.

What do you think about the decision of the Court?

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