Two men booked for objectionable posts were recently granted anticipatory bail by the Madras High Court on the condition that they stay away from social media for a year..Complaints had been lodged by the police against R Alexander @ Mahadev and Jabin Charles earlier this year. In Mahadev’s case, a complaint had been filed against a post found to be offensive to Muslims..Charles was booked for morphing the image of Prime Minister Narendra Modi days before his meeting with Chinese Prime Minister Xi Jinping at Mamallapuram..In orders passed on October 31 and November 4 on anticipatory bails pleas filed by the two, Justice GR Swaminathan took critical note of the content of their posts. In Mahadev’s case, the judge observed that the petitioner’s conduct cannot be appreciated. .“If the petitioner thinks that he is upholding his dharma by indulging in such acts, he is sadly mistaken,” the Court said..As far as Jabin Charles was concerned, the Court remarked that the petitioner had posted a highly derogatory post pertaining to the Prime Minister on Facebook..However, anticipatory bail was allowed, after both petitioners undertook to tender unconditional apologies. Interestingly, both petitioners have also given an undertaking before the Court that they would stay away from social media as a condition to avail protection from arrest..As recored in the order passed on the plea filed by Jabin Charles,.“The petitioner’s counsel, on instructions, gives an undertaking that the petitioner would file an affidavit expressing his apology before the trial Magistrate. The apology should be worded in such a way that the petitioner expresses his regret. It should be evident that he has realized his mistake.The petitioner’s counsel, on instructions, gives an further undertaking that for the next one year, the petitioner will not be in the social media.Recording the said undertaking of the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions.”.In Mahadev’s case, the Court also recorded an undertaking made by his counsel that he would refrain from posting such objectionable content in the future. Further, the judge also made note that the petitioner was of young age and that he had no criminal antecedents. The order states,.“The petitioner’s counsel at this stage gives an undertaking that the petitioner will totally keep off from social media for the next one year. He will totally refrain from posting any kind of such messages offending any community even after expiry of the cooling off period. .Recording the undertaking of the petitioner, I am granting relief of anticipatory bail to the petitioner. The petitioner is aged about 27 years and if he is arrested, his future may be doomed. That apart, the petitioner is not having any previous case. These are the considerations that impel me to grant anticipatory bail.”.In both cases, the Court has clarified that if the petitioners are found using social media, contrary to their undertaking, the prosecution could move the court for cancelling the anticipatory bail. Bail was granted on these conditions in both cases, on a bond of Rs 10,000 by each petitioner. .[Read the orders]
Two men booked for objectionable posts were recently granted anticipatory bail by the Madras High Court on the condition that they stay away from social media for a year..Complaints had been lodged by the police against R Alexander @ Mahadev and Jabin Charles earlier this year. In Mahadev’s case, a complaint had been filed against a post found to be offensive to Muslims..Charles was booked for morphing the image of Prime Minister Narendra Modi days before his meeting with Chinese Prime Minister Xi Jinping at Mamallapuram..In orders passed on October 31 and November 4 on anticipatory bails pleas filed by the two, Justice GR Swaminathan took critical note of the content of their posts. In Mahadev’s case, the judge observed that the petitioner’s conduct cannot be appreciated. .“If the petitioner thinks that he is upholding his dharma by indulging in such acts, he is sadly mistaken,” the Court said..As far as Jabin Charles was concerned, the Court remarked that the petitioner had posted a highly derogatory post pertaining to the Prime Minister on Facebook..However, anticipatory bail was allowed, after both petitioners undertook to tender unconditional apologies. Interestingly, both petitioners have also given an undertaking before the Court that they would stay away from social media as a condition to avail protection from arrest..As recored in the order passed on the plea filed by Jabin Charles,.“The petitioner’s counsel, on instructions, gives an undertaking that the petitioner would file an affidavit expressing his apology before the trial Magistrate. The apology should be worded in such a way that the petitioner expresses his regret. It should be evident that he has realized his mistake.The petitioner’s counsel, on instructions, gives an further undertaking that for the next one year, the petitioner will not be in the social media.Recording the said undertaking of the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions.”.In Mahadev’s case, the Court also recorded an undertaking made by his counsel that he would refrain from posting such objectionable content in the future. Further, the judge also made note that the petitioner was of young age and that he had no criminal antecedents. The order states,.“The petitioner’s counsel at this stage gives an undertaking that the petitioner will totally keep off from social media for the next one year. He will totally refrain from posting any kind of such messages offending any community even after expiry of the cooling off period. .Recording the undertaking of the petitioner, I am granting relief of anticipatory bail to the petitioner. The petitioner is aged about 27 years and if he is arrested, his future may be doomed. That apart, the petitioner is not having any previous case. These are the considerations that impel me to grant anticipatory bail.”.In both cases, the Court has clarified that if the petitioners are found using social media, contrary to their undertaking, the prosecution could move the court for cancelling the anticipatory bail. Bail was granted on these conditions in both cases, on a bond of Rs 10,000 by each petitioner. .[Read the orders]
