The Madras High Court granted anticipatory bail to Youtuber and Naam Tamilar Katchi president Sattai Durai Murugan after his party members passed misogynist comments against the wife of a police officer on the social media platform ‘X’.

The Court was hearing a Criminal Original Petition filed by the Petitioner who apprehended arrest for alleged offences under Sections 55, 61, 224, 351 (2), 352 and 353(2) of Bharatiya Nyaya Sanhita, 2023 read with Section 67 of Information Technology Act, 2000, and for alleged offences under Sections 49, 61, 224, 296(b), 351 (2), 352 and 353(2) of Bharatiya Nyaya Sanhita, 2023 read with Section 67 of Information Technology Act, 2000.

The bench of Justice D. Bharatha Chakravarthy observed, “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.”

Advocate K. Samidurai appeared for the Petitioner and Additional Advocate General Mr. Veerakathiravan appeared for the Respondent.

Brief Facts-

It is the case of the prosecution that the defacto complainant is a police officer who, after being offended by comments made by the first accused in a press interview, posted on the social media platform "X." In response, the alleged members of the political party of which the first accused is the president made derogatory, sexually charged comments targeting the officer and his family. Hence, a case was filed against multiple accused persons.

The Court placed the defacto complainant as any other netizen commenting on a social platform.

The Court said that comments made by the accused are unparliamentary, disgusting and unpalatable. “…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.”, the further noted.

The Court mentioned a poem from Ancient Tamil Literature, Aranericharam, which according to the Court explained the nature of trauma these kinds of comments can cause. “alighting fire in one’s heart and mind and can cause grave harm in the minds of the victim.”, the Court translated lines of the poem.

“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.”, the Court observed.

In the context of the virtual warriors, the Court said that before responding, it is better to ask oneself, “Is the response necessary?”

The Court enlarged the Petitioner on anticipatory bail while noting that the Petitioner personally did not make any comments.

Accordingly, the Court allowed the Petitions.

Cause Title: Durai Murugan @ Sattai Durai Murugan v. Inspector of Police

Appearance:

Petitioner: Adv. K.Swami Durai and M.Dinesh Hari Sudarsan

Respondent: AAG Mr.Veerakathiravan and APP R.M.Anbunithi

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