Madesh v. State
In the High Court of Madras
Crl.A. 351/2018
Before Justice Teekaa Raman
Decided on July 05, 2018

Relevancy of the case: Bail application for allegedly sending a video abusing the SC/ST community.

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67)
• The Indian Penal Code, 1860 (Sections 153A, 294(b), 506)
• The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015 (Sections 3(1)(r), 3(1)(s))

Relevant Facts of the Case

• The complainant allegedly received a WhatsApp video message from the appellant, where the appellant had abused the people of the SC/ST community and their party leader by using their caste name. 
• A first information report was lodged under the relevant provisions. 
• The appellant then approached the High Court requesting to direct the District and Principal Sessions Judge to consider his bail application, the same was considered by the High Court. 
• The District and Principal Sessions Judge rejected the bail application, after which the present appeal was filed. 

Prominent Arguments by the Advocates 

• The respondent’s counsel submitted that, after the accused was arrested, the documents relating to the WhatsApp message had been collected and sent for voice testing and the community certificates had been collected.  

Opinion of the Bench

• The Court was of the view that, as a substantial part of the investigation had been completed within the period of custody, hence bail could be granted.

Final Decision

• Appeal allowed.
• Bail granted, subject to certain conditions.