1. The State has preferred this Criminal Original Petition challenging the order passed by the learned XIII Metropolitan Magistrate Court, Egmore in Crime No.212 of 2018, refusing to remand the accused who was produced after the arrest by the petitioner police.

2. The petitioner police registered an FIR in Crime No.212 of 2018 for an offence under Section 124 of IPC against the respondent and 34 others, on the complaint given by the Deputy Secretary to the Governor and Comptroller, Tamil Nadu, Raj Bhavan, Chennai.

3. The sum and substance of the complaint given against the respondent is that “Nakkeeran” a bi-weekly Tamil magazine in its periodicals published between April to September 2018, has published fake / derogatory news about His Excellency the Governor of Tamil Nadu with an intention to prevent the Governor from exercising his lawful powers and duties and the same amounts to an offence under Section 124 of IPC.

4. Pursuant to the registration of the FIR, the petitioner police proceeded to arrest the respondent on 09.10.2018 and produced him before the Learned Magistrate for remand. The Learned Magistrate after going through the remand report and case diary and after hea