Kalyanaraman intetvenor application

MEMORANDUM OF CRIMINAL ORIGINAL PETITION
(Under Section 482 of Cr.P.C)
IN THE HON’BLE HON’BLE HIGH COURT OF JUDICATURE AT MADRAS
Crl.O.P.No. 3133 of 2022
In
Crime. No. 73 of 2021

(On the file of the respondent police)

Vs
Kalyanaraman [67 years]
S/o. Rangasamy
No.818/32, Thambu Street,
Mannday,
Chennai- … Petitioner/ Accused

Vs-
1. Gopinath, [ M/48 Years]
S/o. Masilamani
No.158/16
Ennore High Road,
Dhurgadevi Nagar,
Thondaiyarpet
Chennai-600 081 …2ND Respondent/Defacto Complainant

2. The State rep.by
The Inspector of Police,
Central Crime Branch
Veppery
Chennai -600007 …2nd Respondent/Respondent
COUNTER FILED BY THE 2ND RESPONDENT
The above named petitioner begs to submit as follows:
The address for service of all notices and processes on the petitioner is that of his counsel M/s.D.Arun, G.Neppoliyan and AriKrishnan having office at 3rd floor, Sri Sudarshanam Building, No 4/7, Errabalu Chetty street, Chennai 600 001.
1. The 2nd respondent is an Advocate, practicing as an Advocate in High Court of Judicature at Madras, The Petitioner submits that the petitioner is the North Chennai Organizer of Samathuva Vazhakkarinjar Sangam,it’s a branch Association of Viduthalai Chiruthaigal Katchi, which has been functioning for the past several years to eradicate the communalism and to eliminate the evil in discriminating the people in the name of caste and to bring the social harmony in the society. The Petitioner further submits that the organization is also working for the welfare of the society and rendering our service to oppressed and depressed sections of the people in the society.

2. The 2nd respondent and his organization members are following and propagating the ideology of Ambedkar. The petitioner and his organization are carrying on agitation and struggles in the democratic manner for the welfare of the society and neither neither the petitioner nor his organization has ever involved in any illegal activities which will affect the wellbeing of the public. The petitioner is very much dedicated to his profession and also fully knows the value and importance of the profession to the society.

3. The 2nd respondent submits that it is in these circumstances the accused herein with a crooked and ill motivated mind has made a posting on 19.04.2018 in his face book page about the women journalist. The above posting of the 2nd respondent is as follows:

“Recently this disgusting fact has come out through complaints that on 22.08.2021 the petitioner accused posted a Tweet that the ruling DMK Government has given a Member Parliament Seat for Rajya Sabha Seat for un identified Musalman and he added that the chosen of Musalman for the post of Member of Parliament for the house of Rajya Sabha is nothing but the Dravidam has lost its Principle and ideology.
4. The 2nd respondent submits that the above posting of the petitioner is highly condemnable and deserves to be dealt with iron hand. The unruly posting of the accused about the Musalman has very much hurt the feelings of the people and the petitioner herein was very much aggrieved on seeing the inconvenience experienced by the Musalman and people of Tamilnadu after the above posting of the accused. By saying so the accused has created an abnormality and restlessness among the people which has directly affected whole affairs of the day to day life. It is not the first time the petitioner/accused is speaking / posting / tweeting about the people whom he dislikes and oppose and ever since the Bharathiya Janatha Party came into power and became the ruling party of the central Government the petitioner / accused a functionary of the Bharathiya Janatha Party, has been continuously attacking all his opponent with abusive words. Though all the earlier incidents were condemned and received objections from the people of all quarters of the society, the accused has not mended his ways. But the present incident of posting very much vulgar about the Musalman is an intolerable one very worst of the comments about the Musalman.
5. The 2nd respondent submits that the above posting of the accused has received mass objections from the people and only after wide spread protests and condemns, the respondent police have simply registered a case in crime no: 73 of 2021 for the offences u/s 153 A(1)(a), 505(II) of I.P.C. Though the above case was came to be registered on 16.10.2021 the respondent police have arrested the accused and detained under detention act. It is understood from the above contact of the accused that he is fully aware that as usual nothing would follow for his acts of derogatory speeches and statements.
6. It is worthwhile to mention that the Principal District Court, Coimbatore has imposed a condition in Crl.M.P.No.1480 of 2021 that the accused should file an affidavit before the Judicial Magistrate Mettupalayam stating that he will not speak hatred speeches against any religion or religious. Though the Hon’ble Sessions Court has imposed a condition that the accused will not speak against any religion in hatred way , the accused person intentionally violated , disobeyed the order of the Hon’ble Court and he has no fear on the law enforcing agency and keep on posted various hatred tweets against his political opponents is gross contempt of the court and the accused should have dealt with an iron hand.
7. It is further submitted that the apex court time and again held that when the person is spreading wrongful and abusive comments regarding the Hindus, Christians and Muslims and further to promote enmity on the ground of religion , disharmony, feeling of enmity, hatred, ill will between different religion and to indulge in riots in order to create law and order problem sections 153(A)(i)(a) of IPC would squarely attracted the actual word pronounced in the complaint, hence the 1st respondent police rightly registered the case u/s 153(A)(i)(a) of IPC on the basis of the petitioners complaint dated 20.09.2021.

7. It is pertinent to submit that even there after the accused remains undeterred and in the event if the first information report filed against the petitioner / accused is quashed , who is already, has no fear of arrest and has not encountered any serious legal actions for the worst ever comment against the Nabigal Nayagam, Musalim, Christrians, Dravidar Kazhagam and Oppressed People will continue his acts of derogating his opponents. Hence the above petition for quash deserves to be dismissed.
Therefore, it is prayed that this Hon’ble Court maybe pleased to dismiss the quash petition in Crl.O.P.No.3133 of 2022 and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.
Dated at Chennai on this o7th day of March, 2022

Counsel for 2ND Respondent/
Defacto Complainant