IMPORTANT POINT
Misogynistic depravity and looking at women as sexual objects is core goondaism prevailing in our society leading to all crimes against women.

ORDER (COMMON)

Heard Mr. K. Samidurai, the Learned Counsel for the Petitioner and Mr. Veerakathiravan, the Learned Additional Advocate General on behalf of the prosecution.

2. The Petitioner apprehends arrest in Crime No. 547 of 2024 Of 2024 for alleged offences under Sections 55, 61, 224, 351 (2), 352 and 353(2) of Bharathiya Nyaya Sanhita, 2023, r/w. Section 67 of Information Technology Act, 2000, and in Crime No.576 of 2024, for alleged offences under sections Sections 49, 61, 224, 296(b), 351 (2), 352 and 353(2) of Bharathiya Nyaya Sanhita, 2023, r/w. Section 67 of Information Technology Act, 2000.

3. The case of the prosecution is that the defacto complainant is a Police Officer. Feeling bad about comments made by the first accused in this case in an interview with the press reporters, he made a post on social media, “X”, stating that the kind of language would not be palatable to the people of Tamilnadu. In response therefore, persons said to be the members of the political party of which the first accused is the President, have made comments on the thread. Most of the comments are with unparliamentary words, sexually coloured, vilifying not only the Police Officer but his family members. Similarly another post was made by the defacto complainant regarding the responses, in which again a series of tweets were made by many persons who are accused in this case. The comments are mentioned in detail in the first information reports and hence the cases.

4. At the outset, I am not agreeable with the Additional Advocate General that a Police Officer on duty is being targeted, because it was not his official duty to post on ‘X’. Therefore, I proceed to consider this case by placing the defacto complainant as any other netizen commenting on a social platform.

5. Even considering from that perspective, a reading of the comments made by the accused is unparliamentary, disgusting and unpalatable. More importantly, it can be seen that these persons wanted to comment on the Police Officer and send him a political message, instead of doing the same, they have taken care to find out who was the wife of the Officer and made comments against her, mostly sexually coloured and calling her names, they have taken pains to find her picture and post the same and even some morphed pictures are also posted. This misogynistic depravity and looking at women as sexual objects is the core goondaism prevailing in our society leading to all crimes against women. Therefore, they have to be dealt with sternly.

6. We proudly call this part of the world as ‘Tamizh koorum nallulagam’. Ancient Tamil Literature, Aranericharam, explains the nature of trauma these kinds of comments can cause. It reads as under :

(Matter in Other Language)

7. Thus 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. The said poem also gives a way to deal with such harm. It says one has to douse this fire with his wisdom. In the context of these virtual warriors, I believe that before responding, it is better to ask oneself, “Is the response necessary?”

8. Only because the petitioner personally has not made any comments, I am inclined to enlarge the petitioner on anticipatory bail in both cases with certain conditions.

9. Accordingly, these petitions are allowed and the petitioner in both the petition is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.IV, Tiruchirappalli, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who inte