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Madras HC | Pollachi Rape Case | Court refuses to quash summons issued against Editor of Nakkheeran Publications

Madras High Court: G.K. Ilanthiraiyan, J., refused to quash the summons issued against Nakkheeran Gopal, Editor, Publisher and Printer of Nakkheeran Publications that unraveled the recent Pollachi serial sex scandal case. The Court, however, modified the summons.

The summons was issued against him pursuant to 2 FIRs registered for various offences punishable under IPC, Information Technology Act, and T.N. Women Harassment Act. The summons was issued by Superintendent of Police, CB CID, South Zone, having his office at Egmore, Chennai. However, the petitioner was summoned for enquiry at Camp Office, Coimbatore.

P.T. Perumal, counsel for the petitioner, submitted that petitioner uploaded his speech on Nakheeran online magazine and its YouTube page in which he narrated the incident, the personalities involved, and the police coverup. The report was also made about the involvement of two sons of the T.N. Legislative Assembly Deputy Speaker. FIR was lodged by the Deputy Speaker and the summons was issued. The petitioner challenged the summons.

The High Court noted that the summons impugned in the petition only called the petitioner for an enquiry. Also, admittedly, that he was not called as an accused. Therefore, the Court was not inclined to quash the summons. However, it was held that the petitioner had valid apprehension by the politicians and police officials at Coimbatore, and there was a fair chance of an untoward incident. Therefore, the Court modified the summons and directed the petitioner to appear before the Superintendent of Police. CBCID, South Zone at his office in Egmore, Chennai. [Nakkheeran Gopal v. State, 2019 SCC OnLine Mad 892, Order dated 29-03-2019]

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