Madras High Court
Murugavel @ Murugan vs The State Rep By on 16 August, 2024
Crl.A(MD)Nos.605 and 607 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 16.08.2024
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl. A.(MD)Nos.605 and 607 of 2024
1.Crl.A(MD)No.605 of 2024:-
1.Murugavel @ Murugan
2.Saravanakumar
3.Yogeswaran : Appellants/Petitioner/
A2, A3 and A4
Vs.
1.The State Rep by
The Assistant Commissioner of Police,
Perumbalpuram Police Station,
Tirunelveli City,
Tirunelveli. : 1st Respondent/
Investigating Officer
2.The Inspector of Police,
Perumalpuram Police Station,
Tirunelveli.
(Crime No.273 of 2024) : 2nd Respondent/
Complainant
3.Sudalairaj,
District Committee Member CPI(M)
District Secretary,
Theendamai Olippu Munnani,
CPIM Office, Vinoba Nagar,
Reddiyarpatti,
Tirunelveli. : 3rd Respondent/
De-facto Complainant
Prayer:This Criminal Appeal is filed under Section
14(A)(2) of SC/ST (POA) Act, 2015 as amended by Act 1 of
2016, to call for the records relating to the order, dated
15/07/2024 made in Cr.M.P.No.2503 of 2024 on the file of
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Crl.A(MD)Nos.605 and 607 of 2021
the II Additional District and Sessions Court (PCR),
Tirunelveli and set aside the same as illegal and enlarge
the appellants on bail.
For Appellants : Mr.Gopalakrishna Lakshmanaraju
Senior Counsel
for Mr.P.Kannathasan
For R1 and R2 : Mr.M.Sakthi Kumar
Government Advocate
(Criminal side)
For 3rd respondent : Mr.L.Shaji Chellam
2.Crl.A(MD)No.607 of 2024:-
1.Guruganesh
2.Sankar : Appellants/Petitioners/
A5 and A6
Vs.
1.The State Rep by
The Assistant Commissioner of Police,
Perumbalpuram Police Station,
Tirunelveli City,
Tirunelveli. : 1st Respondent/
Investigating Officer
2.The Inspector of Police,
Perumalpuram Police Station,
Tirunelveli.
(Crime No.273 of 2024) : 2nd Respondent/Complainant
3.Sudalairaj,
District Committee Member CPI(M)
District Secretary,
Theendamai Olippu Munnani,
CPIM Office, Vinoba Nagar,
Reddiyarpatti,
Tirunelveli. : 3rd Respondent/
De-facto Complainant
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Crl.A(MD)Nos.605 and 607 of 2021
Prayer : This Criminal Appeal is filed under
Section 14(A)(2) of SC/ST (POA) Act, 2015 as amended by Act
1 of 2016, to call for the records relating to the order,
dated 15/07/2024 made in Cr.M.P.No.2503 of 2024 on the file
of the II Additional District and Sessions Court (PCR),
Tirunelveli and set aside the same as illegal and enlarge
the appellants on bail.
For Appellants : Mr.Gopalakrishna Lakshmanaraju
Senior Counsel
for Mr.P.Kannathasan
For R1 and R2 : Mr.M.Sakthi Kumar
Government Advocate
(Criminal side)
For 3rd respondent : Mr.L.Shaji Chellam
COMMON JUDGMENT
These Criminal Appeal have been filed to call for
the records relating to the order, dated 15.07.2024 made in
Cr.M.P.Nos.2503 and 2504 of 2024 on the file of the II
Additional District Judge, (PCR), Tirunelveli and set aside
the same.
2.The case of the prosecution in brief:-
The girl and her lover went to approach the
CPI(MD) party members for performing their marriage, since
the girl belongs to Forward Community and the boy belongs
to Schedule Caste. The parents of the girl lodged a
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Crl.A(MD)Nos.605 and 607 of 2021
complaint before the 2nd respondent police for missing their
daughter. In this regard, the second respondent police
registered a case in Crime No.270 of 2024, dated 13/06/2024
under 'Women Missing'. After that, they got a message that
their daughter is held in CPI(MD) office. In pursuance of
that, on 14/06/2024 at about 04.45 pm, all the accused
entered into the District CPIM Party's Office situated at
Reddiyarpatti, Palayamkottai in an unlawful manner and
damaged the office and causing injury. Upon the complaint
lodged by the 3rd respondent, a case in Crime No.273 of 2024
was registered for the offences under sections 147, 448,
294(b), 323, 353, 109, 506(i) of IPC and section 3 of
TNPPDL Act and section 4 of TNPHW Act and section 3(1)(r),
3(1)(s), 3(2)(va) of SC/ST (POA) Act,
3.The learned counsel for the appellants would
submit that the appellants have been falsely implicated in
this case and that the appellants are innocent persons and
they have not committed any offence as alleged by the
prosecution. He would further submit that that the
appellants are in custody from 15/06/2024.
4.Heard both sides.
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Crl.A(MD)Nos.605 and 607 of 2021
5.The bail applications moved by these appellants
were dismissed by the trial court observing that threat to
the life of the victim still exists and the investigation
is in the preliminary stage. That order was passed on
15/07/2024.
6.Entire CD file has been called and perused. The
1st Respondent Police, who is the Investigating Officer is
also present before this Court.
7.The learned counsel appearing for the appellants
would submit that absolutely there is no intention on the
part of the appellants herein to cause any damage or to
cause hurt to the victim/injured. Their aim was to rescue
and trace out the missing daughter of the second accused.
Except that, nothing happened. In fact, they got injuries
in that occasion.
8.Per contra, the de-facto complainant filed a
detailed counter stating that an attempt was made by the
appellants herein and other accused to honour kill the
lovers. They sought assistance of the party office. Except
that, they are not involved in the personal affairs. But in
fact they are protecting the interest of the downtrodden
community people. One such attempt is the present
occurrence. Even though police picketing granted to their
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Crl.A(MD)Nos.605 and 607 of 2021
office on the representation made by him, a mob threat by
the first accused, who is the rowdy element having several
cases, trespassed into the office, causing extensive damage
and assault. They are even insulted one of the Lady
Advocates. So according to him, this occurrence was
spreading through out the nation and even the Chief Minster
of Tamil Nadu condemned the attack. Life threat still
exists. If the accused are released on bail, their life may
be in danger.
9.Perusal of the CD file does indicate that problem
arose due to the love affair between the daughter of the A3
and one Madhan Kumar. That love affair and the proposal for
marriage was objected by A2 and their relatives. Having
lodged a complaint before the police as the daughter is
missing, the appellants ought to have approached the police
for further action. But it appears that they wanted to take
the law into their own hands, trespassed into the party
office and caused several damage, causing injuries.
10.It is also seen that the police picketing was
granted to the party office. But no permanent police
protection was granted. When the mob entered into the party
office and attacked the persons who were present there and
caused damage, thereafter, only police came to the spot.
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Crl.A(MD)Nos.605 and 607 of 2021
11.From the perusal of the CD file, it is seen that
all the accused were thrown out of the of the office and
later arrested. Their aim is nothing, but an act of brutal
and daring act.
12.But the fact remains that they are in custody
for more than 45 days and the investigation is almost
completed and no bad antecedent is reported against these
appellants. Apart from that, it is also seen that the
appellants in Crl.A(MD)No.605 of 2024 belongs to Karaikudi,
Trichy, Cholavathan areas. So far the appellants in
Crl.A(MD)No.607 of 2024 are concerned, they belong to local
area namely Pettai, Tirunelveli.
13.Considering the fact that the investigation is
almost over, no purpose is going to be served in keeping
the appellants in judicial custody. So without going into
other aspects, the appellants are entitled for bail.
14.Accordingly, these Criminal Appeal are allowed
and the order, dated 15/07/2024 made in Crl.M.P.Nos.2503
and 2504 of 2024 passed by the II Additional District and
Sessions Judge (PCR), Tirunelveli is set aside. The
appellants are ordered to be released on bail on their
executing a bond for a sum of Rs.10,000/- (Rupees Ten
Thousand only) each with two sureties each for a like sum
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Crl.A(MD)Nos.605 and 607 of 2021
to the satisfaction of the II Additional Sessions Judge,
(PCR), Tirunelveli and on further conditions that they must
stay at Trichy and report before the Judicial Magistrate
No.1, Trichy daily at 10.30 am until further orders. On no
account, the appellants should enter the place of
occurrence. They must also deposit Rs.25,000/-(Rupees
Twenty Five Thousand only) each, as cash security before
the concerned court to the credit of the Crime No.273 of
2024, apart from the personal security.
16/08/2024
Index : Yes/No
Internet : Yes/No
er
To,
1.The II Additional District and Sessions Judge,
PCR Court, Tirunelveli.
2.The Assistant Commissioner of Police,
Perumalpuram Police Station,
Tirunelveli City,
Tirunelveli.
3.The Inspector of Police,
Perumalpuram Police Station,
Tirunelveli.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
5.The Superintendent,
Central Prison,
Palayamkottai,
Tirunelveli.
https://www.mhc.tn.gov.in/judis
Crl.A(MD)Nos.605 and 607 of 2021
G.ILANGOVAN,J
er
Crl.A(MD)Nos.605 and 607 of 2024
16/08/2024
https://www.mhc.tn.gov.in/judis
