Madras High Court grants Pre-Arrest Bail to Dainik Bhaskar Editor who Spread Fake news on attacks of Migrant workers.
Case Title: Prasoon Mishra … Petitioner
Versus
The State of Tamil Nadu … Respondents
Date of Decision: Pronounced On 27.06.2023.
Coram: THE HONOURABLE MR.JUSTICE A.D. JAGADISH CHANDIRA.
Citation: Crl.O.P.Nos.13400 & 11077 of 2023.
Introduction:
This case is related to Cyber Crime Domain, so the Inspector of Police,T 11, Tirunindravur Police Station transferred the case to Central Crime Branch, Avadi, based on the instructions of the Commissioner of Police, Avadi, Commissionerate, Avadi vide inRc.No.54/8291/Crime-1 (1) / APC/ 2023, dated 09.03.2023. After registration of this case from the Station concerned, assigned a new Crime No.11 of 2023, u/s.153(A) (1), 505(1) (b) and 505(2) IPC in CCB, Avadi on 10.03.2023, pending arrest in both the cases, the petitioner has approached this Court seeking anticipatory bail.
Facts:
On 03.03.2023 at 11.30 hrs, one Kannagi, the Special Sub Inspector of Police of Tiruppur North Police Station gave a written complaint stating that a false news was posted in the Twitter page of “Dainik Bhaskar” in Hindi and its English translated form with the help of Google was “BIHARI LABOURS IN TAMIL NADU ARE BEING PUNISHED BY THE TALIBAN FOR SPEAKING HINDI. HINDI SPEAKING PEOPLE ARE NOW BEING KILLED IN THE DISPUTE ARISING OUT OF WAGES THE YOUTH OF JAMUI TOLD -12 LABOURERS WERE HANGED MORE THAN 15 WERE MURDERED”. It contained the following four false news:-
(i) Bihari Laboureres in Tamilnadu are being punished by Taliban for speaking Hindi.
(ii) Hindi speaking people are now being killed in the dispute arising
out of wages.
(iii) 12 Labourers were hanged, and
(iv) More than 15 were murdered.
Issue:
- Whether the Petitioner had created panic in thepublic and caused hazard and annoyance to public tranquility?
Legal Analysis:
The petitioner in the case on hand claims to be an Editor of a reputed publication which is in existence from the year 1958 and the publication group to which he belongs has a wide circulation throughout four States in North India. The Media is considered to be the fourth pillar of the democracy as it carries with such a huge power and responsibility as public repose their trust and confidence in the Media. The Media and Press need to adopt their professional ethics and take care of public interest instead of concentrating on sensational news alone for promoting their own commercial interest. Such a bounden duty cannot be shirked by them under the guise of freedom of speech. Such being the expectation of the democratic system, it is painful to note that the petitioner, without verifying or exercising due diligence to find out the veracity of the news and without understanding the sensitivity, merely in order to sensitize the public, had published a fake news. This Court strongly deprecates the act of the petitioner in publishing such a sensitive news, without verifying the correctness of the same. However, taking into consideration the unconditional apology rendered by the petitioner and the undertaking made on his behalf that he would publish a Corrigendum in the homepage itself that the news published by him is a fake one and that he would be more vigilant not to indulge into any such activities in future, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
Judgement:
The petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready,
(i) before the learned Judicial Magistrate, Tiruppur on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) (in respect of Crl.O.P.No.13400/2023)
(ii) before the learned Judicial Magistrate No.II, Tiruvallur on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) (in respect of Crl.O.P.No.11077/2023) with two sureties for a like sum to the satisfaction of the respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b]The petitioner shall report before the Inspector of Police, (Conventional Crime) Central Central Crime Branch, Avadi Police Commissionerate, Avadi, daily at 10.30 a.m., for a period of one week, thereafter before the Inspector of Police, Tiruppur North Police Station, Tiruppur District, daily at 10.30 a.m., for a period of one week.
[c] The petitioner shall also publish a Corrigendum in the first page/homepage in all the publications contending that they had published a fake news, without verifying the truth and veracity of the same and nobody should follow and post the same and tendering unconditional apology to this court and the people of Tamil Nadu.
[d] The petitioner shall not abscond either during investigation or trial.
[e] The petitioner shall not tamper with evidence or witness either during investigation ortrial.
[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon’ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
Post the matter after four weeks under the caption “for reporting compliance”.
Conclusion:
Considering this undertaking, the court granted him anticipatory bail on the condition that he shall execute two bonds for a sum of 25000 rupees with sureties and report before the Inspector of Police, (Conventional Crime) Central Central Crime Branch, Avadi Police Commissionerate, Avadi for a period of one week and thereafter before the Tiruppur Police Station. The court also directed that Mishra shall not abscond during the investigation and if So, a fresh FIR could be registered.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR.