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Madras High Court Grants Bail To Accused Booked Under UAPA For Allegedly Raising Slogans Against Prime Minister Modi

Sparsh Upadhyay
4 May 2021 2:18 PM GMT
Madras High Court Grants Bail To Accused Booked Under UAPA For Allegedly Raising Slogans Against Prime Minister Modi
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The Madras High Court on Friday (April 30) granted Bail to two persons who allegedly abused the Hon'ble Prime Minister and police personnel and raised slogans against the Government.

While granting them bail, the Bench of Justice M. Dhandapani observed,

"Taking into consideration of the fact that the only allegation is that he has raised only slogan praising the deceased moist leader and said to have raised slogans against the Government."

The case before the Court

The first and second petitioners were arrested and remanded to judicial custody for the offence punishable under Sections 188, 120(b),121,121(A),124(A) and Section 10, 13, 15, 18of the Unlawful Activities (Prevention) Act, 1967, in Crime No.14 of 2020, seek bail.

The case of the prosecution was that all the petitioners are supporters of a banned moist organisation. Allegedly, when the husband of A1, in this case, died (allegeldy in the police encounter), in support of the deceased, all the petitioners raised slogan praising the deceased and also abused the Hon'ble Prime Minister and police personnel.

Hence, a criminal case was registered against all the petitioners. Now, seeking bail, they moved before the High Court.

Submissions put forth

The counsel appearing for petitioners submitted that the occurrence said to have taken place in the year 2019 and the only allegation was that all the petitioners raised slogans in the praise of deceased moist leader, who is the husband of A1 in this case and they said to have raised slogans against the Government and that there was no allegation of any violence.

He also submitted that the main accused A1 and others were already released on bail and the petitioners were in jail for more than 45 days. Hence, he prayed that bail be granted to the petitioners.

On the other hand, the Additional Public Prosecutor appearing for the respondent strongly opposed the petition on the ground that all the accused are supporters of a banned moist organization and on 11th February 2019, the petitioners raised slogans against the Government and abused Government officials and others.

Court's order

On considering the fact that the occurrence took place in the year 2019, and on considering the period of incarceration suffered by the petitioners, the Court was inclined to grant bail to the petitioners.

Accordingly, the petitioners were ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) 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.

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