Madras High Court
Deepak vs The Deputy Superintendent Of Police on 6 December, 2023
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.A.No.1284 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2023
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.A.No.1284 of 2023
1.Deepak
2.Ragul @ Sri Ragul ... Appellants
Vs.
1.The Deputy Superintendent of Police,
Velur Sub Division,
Jedarpalayam,
Namakkal District.
2.The Inspector of Police,
Jedarpalayam Police Station,
Namakkal District.
(Crime No.48/2023).
3.Muthusamy
4.Sukkiram Nishanth
5.Yashwanth Nishanth
6.Gokul Sithaar ... Respondents
PRAYER: Criminal Appeal is filed under Section 14A(2) of Scheduled
Castes and Scheduled Tribes [Prevention of Atrocities] Amendment Act,
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Crl.A.No.1284 of 2023
2015, to set aside the order passed in C.M.P.No.451 of 2023 dated
03.11.2023 on the file of the Sessions Judge, Special Court for SC/ST
[POA] Act, Namakkal and enlarge the appellants on bail pending in Crime
No.48 of 2023 on the file of the second respondent police.
For Appellants : Mr.W.Camyles Gandhi
For R1 & R2 : Mr.A.Damodaran,
Additional Public Prosecutor
For R4 to R6 : Mr.K.S.Sathiachandran
Legal Aid Counsel
JUDGMENT
The appellants who are A3 and A5 in Crime No.48 of 2023 filed a
bail application in C.M.P.No.451 of 2023 before the learned Sessions
Judge, Special Court for SC/ST [POA] Act, Namakkal and the same was
dismissed by order dated 03.11.2023. Against which, the present appeal is
filed.
2.The respondents 4 to 6 failed to appear before this Court, private
notice sent was also returned within an endorsement ‘Addressee moved out’
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and the names of the respondents printed in the cause list. Since all the
efforts went in vein, this Court appointed Mr.S.Sathia Chandran, as Legal
Aid Counsel for the respondents 4 to 6 by order dated 27.11.2023.
3.The gist of the complaint is that on 14.05.2023 at about 11.30 hours
one Muthusamy, owner of M.G.R. Jaggery Factory lodged a complaint to
the respondent police stating that on 13.05.2023 during midnight he
received an information from Parameswaran that unknown persons
trespassed into the workers shed and set fire using kerosene. In the shed,
one Sukkiram, Yashwanth, Gokul Sithaar and Rajesh were staying who
belong to North India and for the purpose of employment, they were staying
in the defacto complainant's Sugarcane Unit. Due to setting of fire in the
shed, the appellant's employees got injured and they were admitted in the
Government Hospital, Namakkal. Based on the complaint, a case in Crime
No.48 of 2023 registered for the offence under Sections 448, 436 and 307
IPC. The Investigating Officer took up the investigation, went to the scene
of occurrence, prepared rough sketch and observation mahazar in the
presence of the witnesses. Further, the Investigating Officer collected the
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materials and also sent for forensic examination. In the meanwhile, the then
Investigating Officer was transferred and a new Investigating Officer took
up the investigation on 16.05.2023. On 17.05.2023, one Rajesh who is one
among the four who were injured in the fire died in the Government
Hospital during treatment. Thereafter, case was altered to the offence under
Sections 449, 436, 307 and 302 of IPC.
4.During the course of investigation, on 07.09.2023 the accused
Sivaraj/A1 and Vijay/A2 voluntarily surrendered before the Village
Administrative Officer, Anangur and gave a confession that MGR Jaggery
Factory engaged North Indians and to force North Indians leave the place,
they decided to pelt petrol bombs. Pursuant to the same, all the five accused
including the appellants assembled at Erikarai situated 2 kms from
Vadagaraiyathur on the night of 13.05.2023, made petrol bomb by filling
petrol in four plastic water bottles and using cotton cloth, lit it with fire and
thrown it on the shed where workers were staying causing explosion and
thereby all the accused committed the above offence. The confession of A1
and A2 clearly states about the overt acts of the appellants, who are arrayed
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as A3 and A5. During investigation, it was revealed that one Sankaran @
Ravishankar, who was working in a Jaggery Factory committed rape and
murder of one Nithya of Karapalayam Village and in order to take revenge
for the murder of the said Nithya, these accused persons committed the
offence. It was further found that the deceased Nithya belong to
Vetagounder community and the said Sankaran @ Ravishankar belongs to
lower community and communal angle was given. The appellants were
arrested on 09.09.2023 who were earlier arrested in some other case and
lodged in Central Prison, Salem and they were taken custody by way of P.T.
Warrant and during their custody, they gave confession statement, based on
which articles were recovered in this case. A4 is still absconding and the
investigation is at the crucial stage. During investigation, it came to know
that the deceased belong to Keuta Scheduled community, the other injured
persons belongs to Gond caste Scheduled Tribe and the accused persons
belong to Most Backward Community. Based on these facts, case was
further altered to offence under Section 147, 148, 449, 436, 307, 302 r/w.
120(b) of IPC, Sections 3(2)(v), 3(2)(va) of SC and ST [POA] Act and
Section 3 of Explosive Substances Act, 1908. The present Investigating
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Officer took up the investigation on 01.10.2023, recorded the statement of
witnesses and collected the community certificate of both the parties.
Further, in order to complete the investigation and to secure A4/Pradeesh @
Sakthivel, sanction order to be obtained from the District Collector and
hence, the investigation is pending.
5.The contention of the learned counsel for the appellants is that the
appellants were falsely implicated in this case. He would submit that the
appellants were opposing the cause of brutal rape and murder committed to
Nithya who belonged to their community. The appellants agitated over the
same, made complaints to the Police and higher officials and for their
inaction, they also conducted road roko and other forms of protest. The
respondent police found agitated on the action of the appellants and waiting
for the right time to implicate the appellants in a false case. It is seen that
on the appellants' agitation, case in Crime No.20 of 2023 was transferred to
CBCID and in that case, Sankaran @ Ravishankar was arrested and later
released on bail. He would submit that several cases were foisted against
the appellants at the time of their agitation seeking justice to Nithya. Cases
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in Crime Nos.26 of 2023, 32/2023, 48/2023 and 50/2023 were registered
against the appellants. The appellants were arrested in Crime No.32 of 2023
on 02.09.2023 and 12 days thereafter, they were shown arrest in Crime
No.48 of 2023. Apart from these cases, the respondent police registered a
case in Crime Nos.64/2023, 68/2023, 69/2023, 103/2023 and 104/2023 as
though the appellants caused damage to public property and also caused
obstruction for the public servants and other offences. He would further
submit that the respondent police as well as the Lower Court failed to look
into the fact that a brutal rape and murder committed on the said Nithya for
which the appellants and others in the Village were fighting seeking for
justice. He further submitted that for the accidental fire the appellants
cannot be the reason and cause and only based on the confession, the
appellants were falsely implicated.
6.The learned Additional Public Prosecutor submitted that the
appellants along with three others are the persons who set fire to the shed in
which the North Indian workers were staying in the Jaggery factory of the
defacto complainant. Learned APP filed a counter in which it is as follows:
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“7.It is submitted that during the course of
investigation on 07.09.2023, the accused Sivaraj/A1 and
Vijay/A2 surrendered before the Village Administrative
Officer, Anangur and then they were arrested by the
respondent police and recorded their confession statement
in which A1 and A2 stated that MGR Jaggery Factory as it
was engaging North Indians and thereby to cause North
Indian leave the place and in pursuance of the same A1
took A2 and identified MGR Jaggery Factory and
instructed him as to how they should come and attack by
pelting petrol bombs and in pursuance of the same all the 5
accused assembled at Erikarai situated at the 2 kilometer
from Vadagaraiyathur at Vadakaraithoor to Kalipalayam
Road on the night of 13.05.2023 and made petrol bomb by
filling petrol in four plastic water bottles and using cotton
cloth [wound Bandage cotton cloth] put lead to lit fire it
cause mischief to the workers shed and murder of the
workers by fire and explosion, thereby all the accused
committed an offence based on the confession relevant
properties were recovered in Mahazar and produced them
before the learned Judicial Magistrate Court, Paramathi and
remanded them into judicial custody. Based on their
confession, the overtact of the petitioners/A3/Deepak,
A5/Ragul @ Raghul lit fire to the lead of the said bombs
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and threw them on the said inmates with intention to cause
their death.
8.It is submitted that during the course of
investigation, from the confession of A1 and A2 it reveals
that one Sankaran @ Ravishankar, who was working in a
Jaggery Factory committed rape and murder of one Nithya
of Karapalayam Village, in order to take revenege for the
murder of the said Nithya, the accused persons committed
theif offences. A3/Deepak, A4/Pradeesh @ Sakthivel,
A5/Sriraghul @ Ragul were arrayed as an accused.
9.It is submitted that during the course of
investigation, on 09.09.2023, the Inspector of Police,
Paramathi Circle formally arrested the accused A3 and A5
under P.T. Warrant at Central Prison, Salem and recorded
their confesion statement recovered relevant properties in
Mahazar and remanded them into judicial custody. A4 is
still absconding from the date of arrest of the accused A1,
A2.
10.It is submitted that during the course of
investigation, it reveals that the deceased belongs to
“Keuta” Schedule Community and other injured person
Gokul Sithar belongs to “Gond” Caster Schedule Tribe.
The accused persons belongs to Most Backward Class and
the accused persons to cause North Indians leave the place
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and in pursuance of the same, A1 took A2 and identified
MGR Jaggery Factory. Then A2 broke the sugarcane mill
door using stone and all the accused made a Petrol bomb by
filling petrol in four palstice water bottles at Erikarai and
assembled before the factory and trespassed into it and set
fire on the workers shed which caused murder of one
Rajesh and injury of others were belongs to North India.
11.It is submitted that based on the confession of
accused persons, on 29.09.2023, the Inspector of Police,
Paramathy Circle altered the offences from u/s.449, 436,
307, 302 IPC @ to u/s.147, 148, 449, 436, 307, 302 r/w.
120(b) of IPC, Sections 3(2)(v), 3(2)(va) of SC and ST
[POA] Act and Section 3 of Explosive Substances Act,
1908.
12................
13................
14.It is submitted that apart from this case, the
petitioners/accused [A3 and A5] is involved in following
cases:
S.No. Police Station, Crime Number, Offences under Stage of the Case
Section
1. Jedarpalayam Police Station Cr.No.26/2023 Under Investigation
u/s.147, 148, 337, 436, 286, 153(A), (1), (b),
506(ii), 120(b), 149 IPC r/w. 4 of TNPPDL Act
1992 and Section 3 of Explosive Substance Act
2. Jedarpalayam Police Station Cr.No.50/2023 Not taken on file
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S.No. Police Station, Crime Number, Offences under Stage of the Case
Section
u/s.447, 435 IPC & 4 of TNPPDL Act
3. Jedarpalayam Police Station Cr.No.32/2023 Under Investigation
u/s.436 IPC
4. Jedarpalayam Police Sttion Cr.No.33/2023 u/s. Under Investigation
436 r/w. 511 IPC
7.Learned Additional Public Prosecutor further submitted that due to
the act of the appellants, the situation therein has become explosive and
further clash between two groups is imminent. He would submit that
special police team have been posted and the respondent police are working
overtime to maintain peace and harmony. Apart from the above case, 14
cases were registered against the appellants. He further submitted that
investigation is at the crucial stage and A4 in this case is still absconding.
He would further submit that if appellants are granted bail, situation would
become explosive and possibility of securing A4 would becoem difficult.
Hence, he strongly opposed this appeal.
8.Mr.S.Sathiachandran, learned counsel for the respondents 4 to 6
submitted that in this case the deceased belonged to Scheduled Caste
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community, R6 belonged to Scheduled Tribe community, R4 to R6 and the
deceased Rajesh hails from North India who had come seeking employment
and they got nothing to do with the case in Crime No.20 of 2023. He would
submit the appellants who claim community pride, to take revenge had
thrown petrol bombs using plastic bottles filled with petrol knowing well
that R3 to R6 are staying there, set fire and further locked the door from
outside and allowing them not to escape. Finally all of them broke open the
door, sustained serious injuries but for the timely treatment all could have
died, unfortunately Rajesh succumbed to burn injuries. He further
submitted that in this case A4 is still absconding and if the appellants are let
out on bail, investigation would get throttled. He would further submit that
R4 to R6 hails from North India, they are with minimum education and they
were not aware about the solatium they are entitled to receive under SC/ST
Act. In this case, the deceased Rajesh since died is entitled for 50% of the
compensation amount and R6 is also entitled for compensation amount. He
further submitted that steps may be taken by the Investigating Officer to get
the amount sanctioned and disburse the same to the family of the deceased
as well as to R6 and to inform them about their entitlement.
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9.Considering the submissions made and on perusal of the materials,
this Court finds that investigation is at the crucial stage. Further A4 is still
absconding and also finding that innocent persons, namely, the deceased
and R4 to R6 who have got nothing to do with Crime No.20 of 2023 and
who had come 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.
10.Accordingly, the Criminal Appeal stands dismissed.
11.This Court appreciates Mr.S.Sathia Chandran, appointed as legal
aid counsel for the respondents 4 to 6 in rendering his sincere efforts in this
regard.
06.12.2023
Index: Yes/No
Speaking Order/Non Speaking Order
Neutral Citation: Yes/No
cse
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M.NIRMAL KUMAR, J.
cse
To
1.The Deputy Superintendent of Police,
Velur Sub Division,
Jedarpalayam, Namakkal District.
2.The Inspector of Police,
Jedarpalayam Police Station,
Namakkal District.
3.The Sessions Judge,
Special Court for SC/ST [POA] Act,
Namakkal.
4.The Public Prosecutor,
High Court, Madras.
06.12.2023
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