Madras High Court
P.Sivaraj vs The State Rep on 16 April, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.A.No.62 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 27.03.2024
PRONOUNCED ON : 16.04.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.A.No.62 of 2024
1.P.Sivaraj
2.P.Vijay @ Karthick ... Appellants
Vs.
1.The State rep., by
The Deputy Superintendent of Police,
Jedarpalayam Police Station,
P.Velur Sub Division, Namakkal Dt.
2.The Inspector of Police,
Jedarpalayam Police Station,
Namakkal Dt.
(In Crime No.48/2023).
3.Muthusamy
4.Sukhiram Nishad
5.Yashwanth Nishad
6.Gokul Sidar ... Respondents
PRAYER: Criminal Appeal is filed under Section 14A(2) of Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, to
allow the above criminal appeal and call for the records relating to the order
dated 26.12.2023 made in C.M.P.No.479 of 2023 on the file of Sessions
Judge, Special Court SC and ST (POA) Act Cases, Namakkal and set aside the
same and enlarge the appellants on bail.
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https://www.mhc.tn.gov.in/judis
Crl.A.No.62 of 2024
For Appellants : Mr.B.Janarth Kumar
For R1 & R2 : Mr.S.Raja Kumar,
Additional Public Prosecutor
For R3 : Mr.Malaiyarasi, Legal Aid Counsel
JUDGMENT
The appellants who are A1 & A2 have filed a petition for bail in Crime No.48 of 2023 for offence under Sections 448, 436, 307 of IPC @ 449, 436, 307, 302 of IPC @ 147, 148, 448, 436, 307, 302, 120(B) of IPC @ 147, 148, 448, 436, 307, 302 of IPC r/w 120(B) r/w Section 3 of Explosive Substances Act, 1908 @ 147, 148, 449, 436, 307, 302 r/w 120(B) of IPC r/w Section 3 of Explosive Substances Act, 1908 and 3(2)(v), 3(2)(va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 before the learned Sessions Judge, Special Court for SC/ST (POA) Act Cases, Namakkal in C.M.P.No.479 of 2023 and the same was dismissed vide impugned order, dated 26.12.2023. Challenging the same, the present criminal appeal is filed.
2.During investigation, the appellants surrendered before the Village Administrative Officer, Anangur on 07.09.2023 and later, they were shown arrest by the 2nd respondent Police. The appellants filed application for bail in Page No.2 of 14 https://www.mhc.tn.gov.in/judis Crl.A.No.62 of 2024 C.M.P.No.479 of 2023 and the same was dismissed vide impugned order, dated 26.12.2023.
3.Despite service of notice and name printed in the cause list, no one appeared for the 3rd respondent either in person or by any counsel. Hence, this Court appointed Ms.Malaiyarasi, learned counsel as Legal Aid Counsel for the 3rd respondent vide order, dated 08.02.2024.
4.The learned counsel for the appellants submitted that the appellants not committed any offence as projected by the prosecution. The 2nd respondent Police cooked up a case against the appellants without any basis. The 2nd respondent Police due to wide coverage and adverse publicity gained against them for their inability to apprehend the real accused and offenders in this case, had forced the appellants to surrender and shown arrest and made them as scapegoats. He further submitted that the appellants are languishing in the prison for the past several months. The appellants had no active role either directly or indirectly in the said offence as alleged by the prosecution. The learned counsel further submitted that the wife of the first appellant is a blind woman and has aged mother and young daughter all to be taken care. Page No.3 of 14 https://www.mhc.tn.gov.in/judis Crl.A.No.62 of 2024 The 2nd appellant, son of the 1st appellant, admitted his wife in a hospital for delivery of child. Both the male members of the family are behind the bars and no one available to take of their family. The 2nd appellant has to take care of his wife during this crucial period.
5.He further submitted that the appellants were detained under Act 14, 1982 vide C.M.P.Nos.18/Goonda/2023(M1) & 19/Goonda/2023(M1), dated 15.11.2023 respectively and later, the same was revoked. In this case, the investigation completed and charge sheet filed. Since there is no presiding officer before the Special Court, the case is not progressing. He further submitted that the appellants' name does not find place in the FIR in Crime No.48 of 2023. Added to it, the alleged confession is said to have recorded by the Village Administrative Officer is a prepared document by the 2nd respondent Police. The prosecution version is that there is a communal disharmony between Vettuva Gounder and Vellalar Gounder and properties worth of several lakhs were destroyed of third community people which are all got up stories. It is admitted that from 07.09.2023 the appellants are in prison and they have got nothing to do with the case.
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6.It is further submitted that the respondent Police foisted false cases against the appellants in Crime Nos.26, 50, 64, 68 & 69 of 2023 and made them as accused on a single day which would clearly prove that the 2nd respondent Police to appease somebody foisted cases against the appellants. On 14.10.2023 more than 4,500 trees were cut down in a single day by some miscreants and a case was registered in Crime Nos.103 & 104 of 2023 by the 2nd respondent Police which would clearly prove that the real culprits are at large and the story of disharmony is projected to hide the real accused in that rape case and also show that the North Indians are not safe in Tamil Nadu, unfortunately the appellants being a agriculturists made as scapegoats. The 1st appellant's wife finding that the Police are acting in a partisan manner had given a petition seeking CBI enquiry. The Court below failed to consider these aspects and dismissed the bail application. The case of the prosecution itself is that after the death of one of the victims, during investigation it was found out of four victims two belong to scheduled caste and scheduled tribe community by the 2nd respondent Police. The appellants were not aware about the social status of the North Indians who are employed in MGR Jaggery Factory. The appellants shown their protest and sympathy in inhuman manner of rape and murder of village girl and laxity of Police in taking immediate Page No.5 of 14 https://www.mhc.tn.gov.in/judis Crl.A.No.62 of 2024 which annoyed the 2nd respondent Police made the appellants as accused in the above case.
7.In support of his arguments, the learned counsel for the appellants relied on the two decisions of Hon'ble Apex Court in the cases of “Shashikant Sharma & Ors., v. State of Uttar Pradesh & Anr., reported in 2024 SAR (Cri) 11 and Dataram Singh Versus State of Uttar Pradesh and another reported in (2018) 3 SCC 22”.
8.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted that on 14.05.2023 at 11.30 hours, the 3rd respondent lodged a complaint that he is running a Sugarcane Mill/Jaggery Unit in the name of M.G.R. On 13.05.2023 midnight about 00.15 hours, one Parameshwaran called him through mobile phone and informed some unknown persons trespassed into the workers shed and set fire with kerosene. In the work shed, Sukkiram, Yashwanth, Gokulsithar and Rajesh stayed all hail from North India. Due to the action of the culprits, the shed was fired and the inmates suffered injuries, admitted in the Government Hospital. Based on the complaint, an FIR in Crime No.48 of 2023 registered for offence under Page No.6 of 14 https://www.mhc.tn.gov.in/judis Crl.A.No.62 of 2024 Sections 448, 436, 307 of IPC on 14.05.2023 by the Sub Inspector of Police and the same was forwarded to the Inspector of Police for further investigation. Thereafter, the Inspector of Police visited the scene of occurrence, prepared Observation Mahazar, Rough Sketch, collected material evidence, examined the 3rd respondent and other witnesses and recorded their statements. On 17.05.2023, the Inspector of Police received death intimation from the Government Hospital about Rajesh Kaiberta death. On the same day i.e., 17.05.2023, the offences under Sections 448, 436 & 307 of IPC altered to Sections 449, 436, 307 & 302 of IPC. On 07.09.2023, the appellants surrendered before the Village Administrative Officer, Anangur and then they were arrested by the 2nd respondent Police and recorded their confession statement in which A1 and A2 admitted that MGR Jaggery Factory that MGR Jaggery Factory hired suspected North Indians for work and they were suspected in the rape of murder of a village girl. A1 took A2 and identified MGR Jaggery Factory to attack the jaggery unit by pelting petrol bombs. All the five accused assembled at Erikarai situated at 2 kms from Vadakariyathur at Vadakaraiyathur to Kalipalayam road on the night of 13.05.2023, prepared petrol bomb by filing petrol in four plastic water bottles and using cotton cloth as lead lit fire, thrown inside the shed, caused fire explosion. They had also Page No.7 of 14 https://www.mhc.tn.gov.in/judis Crl.A.No.62 of 2024 bolted the door from outside ensuring the victims do not escape for life and thereby, all the accused committed an offence. Based on the confession, incriminating properties recovered by way of seizure mahazar and produced them before the learned Judicial Magistrate, Paramathi and remanded them to Judicial custody.
9.He further submitted that on 09.09.2023, the Inspector of Police formally arrested the accused A3 and A5 under P.T warrant while they were in jail in Jedarpalayam Police Station in Crime No.48 of 2023 for offence under Sections 147, 148, 149, 436, 449, 307, 302, 120(B) of IPC r/w Section 3 of the Explosive Substances Act, 1908 and Sections 3(2)(v) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and recorded their confession statement and also recovered properties under the cover of seizure mahazar. A4 is still absconding. On completion of investigation, the respondent Police filed charge sheet before the trial Court and the same was taken on file as Special S.C.No.1 of 2024 on 04.01.2024. A4 is shown as absconding accused. Apart from this case, the appellants involved in Crime Nos.26, 50, 64, 68 & 69 of 2023 on the file of the 2nd respondent Police.
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10.It is further submitted that on 11.03.2023, a woman named Nithya who belongs to Vettuva Gounder was raped and murdered by one Ravi Shankar who belongs to Devendra Kula Velalar Community who was working at Kongu Velala Gounder Community's Jaggery mill. As revenge for this, the appellants and other people who belong to the deceased Nithya's community has started attacking and damaging Konguvelalar Gounder community. Crime Nos.22, 23, 26, 32, 33, 48, 50, 64, 68, 69, 84, 103, 104 & 120 of 2023 registered in respect of communal clash for the past nine months subsequent to Nithya's murder. If the appellants are released on bail, they will flee away and also there is possibility of the appellants to escape to other districts and it will be difficult to secure them. If the appellants are released on bail, there is possibility of disturbance which will create panic amount the general public. Hence, he prays for dismissal.
11.The learned counsel for the 3rd respondent submitted that the overtact of the appellants herein is serious. The victims could be contacted and made them appear before this Court. On instructions, she submitted that one of the victims Rajesh Kant lost his life due to the said incident and he was only 18 years old when he died. The accused have conspired together and committed Page No.9 of 14 https://www.mhc.tn.gov.in/judis Crl.A.No.62 of 2024 the said offence. The accused have bolted the door from outside, thrown the petrol bombs by opening the upper roof to prevent victims from escaping which clearly proves their clear intention of murder. She further submitted that the victims are innocent workers who came from North India to meet out their livelihood. The accused committed offence on a mere assumption that North Indians working in jaggery factory and committed the rape of their community girl. She further submitted that this Court in Crl.A.No.1284 of 2023 by order, dated 06.12.2023 dismissed the bail application filed by A3 and A5 which is a detailed one and there is no change of circumstances. A4 in this case is still absconding. The offence was committed by the persons who take pride in showing their might and dominance by taking brutal measures. Hence, no sympathy to be shown to the appellants in granting bail.
12.Considering the submissions and on perusal of the materials, it is seen that the victims are North Indians who were employed in MGR Jaggery Factory, they have nothing to do with the dispute between the two communities over the death of young girl by rape and murder. The victims who hail from North India were staying in MGR Jaggery Factory in difficult condition just for the purpose of earning some money to support their family Page No.10 of 14 https://www.mhc.tn.gov.in/judis Crl.A.No.62 of 2024 residing far away. It is seen that the appellants conspired with each other and committed a well planned crime. The accused prepared petrol bombs, bolted the door from outside and thrown the petrol bombs opening the roof. Due to which, the victims unable to escape to save their life, which shows the gruesome manner by which the offence committed. One of the victims was burn died and others sustained grievous injuries. The victims were attacked like a sitting duck which needs severe condemnation. This act of the accused is only to show the primacy and dominance in the society and not for no other reason. In this case, one of the accused (A4) is still absconding. It is reported by the Police to maintain law and order, Police picketing portal, the situation is combative. In this case now investigation completed and charge sheet filed before the trial Court.
13.Taking into consideration of the fact that the victim who had come to Tamil Nadu seeking livelihood were made to fry in the fire for the communal pride of the appellants, this Court is of the opinion that granting of bail to the appellants would not be in the interest of justice.
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14.The trial Court viz., Sessions Judge, Special Court for SC/ST (POA) Act Cases, Namakkal is reminded of Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 wherein the trial of cases under this Act to be completed preferably within a period of two months.
15.As per Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, 50 per cent of relief amount to be paid to the victim girl after medical examination and 25 per cent to be paid when the charge sheet is sent to the Court. In the present case, both process completed. Now the victims are entitled for 75 per cent of relief amount. The 1st respondent Police viz., Deputy Superintendent of Police, P.Velur Sub Divison, Namakkal is reminded of Section 21 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and he is directed to take immediate steps for payment of compensation amount to the victim, without further delay.
16.This Court appreciates Ms.Malaiyarasi, Legal Aid Counsel for the 3rd respondent not only for making effective submissions but also in contacting the victims, addressing the pain of victims in ensuring payment of compensation amount which they are entitled.
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17.In the result, this Criminal Appeal stands dismissed affirming the impugned order, dated 26.12.2023 in C.M.P.No.479 of 2023 passed by the learned Sessions Judge, Special Court for SC/ST (POA) Act Cases, Namakkal.
16.04.2024 Speaking order/Non-speaking order Index: Yes/No Internet: Yes/No vv2 To
1.The Deputy Superintendent of Police, Jedarpalayam Police Station, P.Velur Sub Division, Namakkal District.
2.The Inspector of Police, Jedarpalayam Police Station, Namakkal District.
3.The Public Prosecutor, Madras High Court.
Page No.13 of 14 https://www.mhc.tn.gov.in/judis Crl.A.No.62 of 2024 M.NIRMAL KUMAR, J.
vv2 PRE-DELIVERY JUDGMENT IN Crl.A.No.62 of 2024 16.04.2024 Page No.14 of 14 https://www.mhc.tn.gov.in/judis