HC asks man booked for post against PM not to use social media for 1 year

November 12, 2019

The Tamil Nadu resident who was booked for posting a derogatory post on Facebook against PM Modi has been recently placed under a condition to not use social media for one year by the Madras High Court. The condition has been imposed by the Court for granting anticipatory bail to the accused.

The accused had posted a highly derogatory post on Facebook against the Hon’ble Prime Minister of India after which the police had registered an FIR against him under section 505 (2) of the Indian Penal Code and Section 67B of the Information Technology Act for posts relating to the Prime Minister. Thereafter, an application for anticipatory bail was filed by the accused.

While the HC has allowed the application for anticipatory bail, it has asked the lawyer of the accused to submit an undertaking that the accused will not use social media for a year. The Court has stated that “The petitioner’s counsel, on instructions, gives an undertaking that the petitioner would file an affidavit expressing his apology before the trial Magistrate.”

It has further stated that “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 HC has clarified that in case the accused is found using social media in contradiction of the undertaking, the prosecution can approach the Court for cancellation of the anticipatory bail.

A similar condition was imposed by the Court earlier in another case where a man was charged for posting offensive remarks hurting the sentiments of the Muslim Community. In this case also the accused was granted bail on a condition to not use social media for a year.


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