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ANTICIPATORY BAIL

You cannot pray for a blanket Order

On 2/2/2007 an article is published in Kannada Daily Newspapers [Karavali Ale, Sanje Ale and Kannada Janataranga] regarding Jain Religion and some Jain Saints. In that regard, two complaints are lodged against the Chairman and Director and Managing Director of Kannada Daily Newspapers. One complaint in Panambur Police Station,Mangalore and another in Sagar Town, Shimoga District. In both these crimes, the Chairman & M.D.are arrested and released on bail.

Both the crimes were registered for the offences punishable under Sections 153-A,153-B,295-A read with Section 34 of IPC – As the articles published by them are aimed to create disharmony and clashes among the different classes of the society. It is observed in the said article the Jain Muni shri Tarun Sagar is depicted as a naked Muni causing obscenity to the public, the religious processions of Jain Muni are compared to that of banned activity of Bethale Seve in certain portions of Karnataka. According to the State, Jain Munis particularly digambaras are aimed at promoting peace, harmony and tranquility in the society.

Except the aforesaid two crimes no other crime is registered against the Newspaper as on the date of the Criminal Petition filed in the High Court. The Chairman and M.D. of the Newspaper had sought for relief of bail in all future cases to be registered against petitioner anywhere in State.

Court felt the petitioners apprehension must be founded on reasonable grounds. Mere fear is not belief. It is necessary to show the imminence of a likely arrest founded on reasonable belief. Anticipatory bail is a device to secure the individuals liberty and it is neither a passport to the commission of the crimes nor a shield against all and any of the crimes.

Court held such a relief of blanket order of anticipatory cannot be granted however it is open for the Newspaper people to file application for anticipatory bail or bail in individual cases if the crimes are registered against them.

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