Madras High Court Grants Anticipatory Bail To NTK Functionary, Says 'Virtual Warriors' Must Be Careful Before Responding Online

The Madras High Court recently granted anticipatory bail to Naam Tamilar Katchi functionary Durai Murugan @ Sattai Durai Murugan. Murugan had approached the court apprehending arrest in a crime booked after his party members made objectionable comments on a post made by a police officer criticising Murugan's speech. Justice Bharatha Chakravarthy was inclined to grant anticipatory bail as Murgan had not personally made any comments. Thus, the court granted him bail on some conditions. It however criticised the remarks made by Murugan's party men calling it unparliamentary, sexually coloured and vilifying. The court added that before responding online, people should be cautious and ask themselves if the response was necessary. “It can be seen that these words are like alighting fire in one's heart and mind and can cause grave harm in the minds of the victim. Sadly, these persons do not seem to know that it is a public place / platform and there they stand exposing their illiteracy, depraved and corrupt minds and verbal violence…..In the context of these virtual warriors, I believe that before responding, it is better to ask oneself, “Is the response necessary?” the court remarked. After Murgan's interview with press reporters, the defacto complainant, who is a police officer, made a post on “X”, stating that Murugan's language would not be palatable to the people of Tamil Nadu. After the post, Murugan's party members commented on the post. When the defacto complainant made a response post, a series of tweets were again made by Murugan's supporters. Though the State argued that a police officer was being targeted, the court disagreed and noted that the defacto complainant did not have an official duty to post on “X”. However, even considering the defacto complainant any other netizen, the court noted that the comments made by the party men were unparliamentary, unpalatable, and disgusting. The court also noted that instead of commenting on the Police Officer's post to send a political message, the party men went on to find his wife and made sexually colored comments against her, even posting her pictures. The court observed that such misogynistic depravity and looking at women as sexual objects is the core goondaism prevailing in our society leading to all the crimes against women. The court thus observed that such issues had to be dealt with sternly. However, noting that Murugan had not made any comments, the court granted anticipatory bail. Counsel for the Petitioner: Mr.K.Swami Durai for M.Dinesh Hari Sudarsan, Advocate Counsel for the Respondent: Mr.Veerakathiravan, Additional Advocate General Assisted by Mr.R.M.Anbunithi Additional Public Prosecutor Citation: 2024 LiveLaw (Mad) 342 Case Title: Durai Murugan @ Sattai Durai Murugan v The Inspector of Police Case No: CRL OP(MD). Nos.14204 and 14262 of 2024Click here to read/download the judgment

Madras High Court Grants Anticipatory Bail To NTK Functionary, Says 'Virtual Warriors' Must Be Careful Before Responding Online

Upasana Sajeev

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