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3. Mr.P.Vijendran, the learned counsel appearing for the petitioners submitted that the 1st Petitioner/A1 is a retired Professor, social activist, dedicated himself for upliftment of the socially and educationally downtrodden communities like Irular in and around the Villupuram District, from the date of his retirement. The 1st Petitioner is a Coordinator of the “Pazhangudi Irular Pathukappu Sangam”. At the instance of the 1st Petitioner, number of false, frivolous criminal cases foisted against the Irulas in Villupuram District were exposed. The State https://www.mhc.tn.gov.in/judis of Tamil Nadu appointed the 1st Petitioner as Convenor & Head of the Expert Committee, for the purpose of conducting camps among the Adi- Dravida & Tribal people for creating awareness, understanding on the social issues in Districts of Tirunelveli, Ramanthapuram, Tuticorin, Sivaganga & Kanyakumari. The 2nd Petitioner /A2 is a public spirited personality, a co-ordinator of the “Pazhangudi Irular Padhukappu Sangam”. The said Sangam was formed with an object to redress the grievance of the Tribal Irulas. The 2 nd petitioner is President of “Makkal padhukappu Kazhagam” created for the purpose of fighting for the justice and human right for the marginalized people. The 2 nd petitioner actively involved in rescuing the victims of the Bonded Labour System, violence, custodial rape, human rights violations and other atrocities against the weaker sections of the society, in particular, the members of the Irular community.

7. It is further contended by the learned counsel for the petitioners that the Police conveniently avoided enquiring the victims, who are the main witnesses to the incident that happened on 30.11.2011, for the reasons best known to them. The Respondent police failed to enquire the police officer, who were present at the time of the alleged occurrence on 30.11.2011, for extraneous reasons. The police enquired only the office bearers of the party floated by the defacto complainant and his close family members and filed the charge sheet, it is clear case of abuse of process of law. The respondent police acted in https://www.mhc.tn.gov.in/judis a partisan manner, using the defacto complainant, foisted the case against the petitioners, for the reasons that the 1st petitioner involved in exposing the police atrocities discrimination meted to Irular community people in Villuppuram and other Districts. On the sustained efforts taken by the petitioners, several Police Officials and Personnel, number of police officials were suspended for their excess, against Irular Communities victims. The charge sheet laid by the Police in a hurried and hasty manner without following the procedure contemplated under the Criminal Procedure Code. Further, the respondent police ought to have conducted investigation on the case in Crime No.982 of 2011, registered at the instance of the 1st Petitioner along with the case in Crime No.908 of 2011, since cause of action for the both cases are one and the same, it is crystal clear that the Police acted in a partisian manner to desist petitioners from espousing the case of Irular and marginalized community victims. The 2nd respondent came in handy to the police.

12. Mr.L.Baskaran, the learned Govt.Advocate (Crl.side) appearing for the 1st respondent Police would submit that the defacto complainant / 2nd respondent belongs to 'Hindu Irular Community'; the accused person viz., Pirapa Kalvimani @ Kalyani(A1) belongs to Maravar Community and P.V.Ramesh(A2) belongs to Hindu Porkollar Community. The defacto complainant was the State President, 'Pazhangudi Makkal Viduthalai Katchi'. On 26.11.2011, the defacto complainant came to know that the police persons committed rape, an 'Irular Community' victims at T.K.Mandapam, Tirukovilur Taluk, through News Channel. On the same https://www.mhc.tn.gov.in/judis day, the defacto complainant met A-2, asked the whereabouts of the victims, in turn, A-1 and A-2 replied that that the above said victims were subjected to custodial sexual assault/abuse by the Thirukoilur Police personnel. On 30.11.2011, after completion of medical examination, the victims produced before the Judicial Magistrate Court in connection with the case in Crime No.887 of 2011, for the offence under Sections 427, 363, 380 and 376 IPC r/w. Section 3(1)(X11) of SC/ST Act. After that, at about 06.00 hours, the defacto complainant called the victims to come along with him, at that time, A-1 and A-2 abused using filthy language abusing his community status and threatened with dire consequences.

19. It is not in dispute that the 1st Petitioner / A1 is a retired Professor, social activist, involving himself for upliftment of the socially, educationally downtrodden communities like 'Irular' in and around the Villupuram District. The 1st Petitioner is a Co-ordinator of “Pazhangudi Irular Pathukappu Sangam”. At the instance of the 1st Petitioner, number of false, frivolous criminal cases filed against the Irulas in Villupuram District were exposed earning displeasure of police. The State of Tamil Nadu appointed 1st Petitioner as Convenor & Head of the Expert Committee, for conducting camps among the Adi- Dravida & Tribal people for creating awareness, understanding on the social issues in respect of Tirunelveli, Ramanthapuram, Tuticorin, Sivaganga & Kanyakumari Districts. The 2nd Petitioner /A2 is a co-ordinator of “Pazhangudi Irular Padhukappu Sangam” and President of “Makkal Padhukappu Kazhagam” formed for fighting for the justice and human https://www.mhc.tn.gov.in/judis rights for the deprived people.