Madras High Court
Chinnaiyan vs The State Represented By on 24 October, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.M.P.Nos.14421, 14585 & 14684 of 2024
in
Crl.A.Nos.1289, 1297 & 1305 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.M.P.Nos.14421, 14585 & 14684 of 2024
in
Crl.A.Nos.1289, 1297 & 1305 of 2024
Chinnaiyan
S/o.Rajangam ... Petitioners
in Crl.M.P.No.14421/2024
1. Pandian
S/o.Rajamanickam
2. Rengasamy
S/o.Govindasamy
3. Suresh
S/o.Natarajan ... Petitioners
in Crl.M.P.No.14585/2024
Kumar
S/o.Kanthasamy ... petitioner
in Crl.M.P.No.14684/2024
Vs.
The State Represented by
The Inspector of Police,
Sirkali Police Station
Mayiladuthurai District
Crime No.649 of 2015 ... Respondent
in all Crl.MPs
Page 1 of 11
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Crl.M.P.Nos.14421, 14585 & 14684 of 2024
in
Crl.A.Nos.1289, 1297 & 1305 of 2024
PRAYER:
Criminal Miscellaneous Petition No.14421 of 2024 filed under Section
389 Cr.P.C praying to suspend the sentence imposed on the petitioner in
S.C.No.63 of 2023 dated 15.10.2024 on the file of the District and Sessions
Judge, Mayiladuthurai and enlarge the petitioner on bail pending disposal of
the Criminal Appeal.
Criminal Miscellaneous Petition No.14585 of 2024 filed under Section
430(1) read with 483 of Bharatiya Nagarik Suraksha Sanhita, praying to
suspend the sentence made in S.C.No.63 of 2023 dated 15.10.2024 on the file
of the District and Sessions Judge, Mayiladuthurai and enlarge the petitioners
on bail pending disposal of the Criminal Appeal in pursuance to the Crime
No.649 of 2015 on the file of the respondent police.
Criminal Miscellaneous Petition No.14684 of 2024 filed under Section
430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to suspend the
sentence imposed on the petitioner made in S.C.No.63 of 2023 passed by the
learned District and Sessions Judge, Mayiladuthurai dated 15.10.2024 and
enlarge the petitioner on bail pending disposal of the above Criminal Appeal.
For Petitioner
in Crl.M.P.No.14421 of 2024 : Mr.R.Vivekananthan
Page 2 of 11
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Crl.M.P.Nos.14421, 14585 & 14684 of 2024
in
Crl.A.Nos.1289, 1297 & 1305 of 2024
For Petitioners
in Crl.M.P.No.14585 of 2024 : Mr.J.Jawahar
For Petitioner
in Crl.M.P.No.14684 of 2024 : Mr.M.N.Balakrishnan
for Mr.M.Vinoth
For Respondent in all Crl.MPs : Mr.R.Vinoth Raja
Government Advocate (Crl.Side)
COMMON ORDER
The petitioner in Crl.M.P.No.14421 of 2024 is accused No.5, the
petitioners in Crl.M.P.No.14585 of 2024 is accused Nos.2, 7 and 8 and the
petitioners in Crl.M.P.No.14684 of 2024 are accused No.3 in S.C.No. 63 of
2023 on the file of the District and Sessions Court, Mayiladuthurai. The trial
Court by judgment dated 15.10.2024 convicted and sentenced the petitioners/
accused is as follows :
Accused No./Name Section Conviction/Sentence
A5-Chinnaiyan Under Section 148 IPC To undergo rigorous imprisonment
for a period of one year and to pay
a fine of Rs.1,000/-, in default, to
undergo rigorous imprisonment for
a period of one month.
Under Section 3(1) To undergo rigorous imprisonment
TNPPDL Act for a period of five years and to
pay a fine of Rs.1,000/-, in default,
to undergo rigorous imprisonment
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.14421, 14585 & 14684 of 2024
in
Crl.A.Nos.1289, 1297 & 1305 of 2024
Accused No./Name Section Conviction/Sentence
for a period of one month
A2/Pandian Under Section 148 IPC To undergo rigorous imprisonment
and A7/Rengasamy for a period of one year and to pay
a fine of Rs.1,000/-, in default, to
undergo rigorous imprisonment for
a period of one month.
Under Section 506(ii) To undergo rigorous imprisonment
IPC and 3(1) TNPPDL for a period of five years and to
Act pay a fine of Rs.1,000/-, in default,
to undergo rigorous imprisonment
for a period of one month
A8/Suresh Under Section 148 IPC To undergo rigorous imprisonment
for a period of one year and to pay
a fine of Rs.1,000/-, in default, to
undergo rigorous imprisonment for
a period of one month.
Under Section 3(1) To undergo rigorous imprisonment
TNPPDL Act for a period of five years and to
pay a fine of Rs.1,000/-, in default,
to undergo rigorous imprisonment
for a period of one month
A3/Kumar Under Section 148 IPC To undergo rigorous imprisonment
for a period of one year and to pay
a fine of Rs.1,000/-, in default, to
undergo rigorous imprisonment for
a period of one month.
Under Section 3(1) To undergo rigorous imprisonment
TNPPDL Act for a period of five years and to
pay a fine of Rs.1,000/-, in default,
to undergo rigorous imprisonment
for a period of one month
2. The contention of the petitioners/accused is that a civil case has been
given a criminal colour, the petitioners have been falsely prosecuted and
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Crl.M.P.Nos.14421, 14585 & 14684 of 2024
in
Crl.A.Nos.1289, 1297 & 1305 of 2024
convicted by the trial Court. Even in the civil case in O.S.No.154 of 2015
before the District Munsif Court, Sirkali, the de-facto complainant had failed.
The de-facto complainant is not the owner of the property. Originally, the
property belongs to Singarathopu Sattanathar Kovil Matrum Dharmapura
Adeenam. However, the said Adeenam is the complainant in this case.
3. The further contention of the petitioners is that the petitioners herein
are the resident of the area. On 16.08.2015 at 8.30 p.m., the de-facto
complainant/P.W.1 placed some concrete structures obstructing the pathway
used by the petitioners and others. Hence, the petitioners have assembled and
requested P.W.1 not to construct compound wall and that they had removed
the obstruction which has been projected as damages caused to the public
property. During the removal of the pathway, there was a wordy quarrel and
scuffle between the petitioners and the de-facto complainant and that the de-
facto complainant sustained injuries and taken to the Government Hospital,
Sirkali for treatment and information also sent to the respondent/Police and a
case has been registered against the petitioners.
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.14421, 14585 & 14684 of 2024
in
Crl.A.Nos.1289, 1297 & 1305 of 2024
4. On receipt of the information, the respondent/police lodged a case
against the petitioners. The injuries sustained by the defacto-complainant are
simple in nature. The trial Court had convicted and sentenced the
petitioners/Accused as stated above. Further, M.O.1 to M.O.5 in this case are
Spade, Crow Bar, Iron Road, Wooden log and Broken Cement Concrete,
which are all commonly used in construction work and for removal of any
structures which cannot be stated to be deadly weapons, used by the
petitioners to attack the de-facto complainant. In this case, P.Ws.1 to 3 are
projected as injured witnesses and their evidences are contradictory to each
other. Further, a civil dispute led to a wordy quarrel and exchange of words.
However, the trial Court failed to consider that a civil suit in O.S.No.154 of
2015 filed by the de-facto complainant against the some of the petitioners is
dismissed. The appeal filed against the dismissal was also not entertained. In
such circumstances conviction of the petitioners/accused is not proper and
that, the de-facto complainant is not a owner of the said property.
5. Learned Government Advocate (Crl.Side) by referring to the counter
affidavits, submitted that the de-facto complainant had lodged a complaint
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Crl.M.P.Nos.14421, 14585 & 14684 of 2024
in
Crl.A.Nos.1289, 1297 & 1305 of 2024
stating that on 16.08.2015 at about 8.30 p.m. P.Ws.1 to 3 were standing in
front of the hut in which Pannerselvam is residing and spoken with each other.
Due to that enmity, all the accused have formed an unlawful assembly armed
with deadly weapons and have trespassed into the property of the de-facto
complainant and destructed the compound wall. When the same was
questioned, there was abuse threatening and they have also attacked them with
Spade handle and iron road and other instruments with them. The injured was
taken to the Government Hospital, Sirkali. Thereafter, P.W.8, who received the
complaint and registered the F.I.R and P.W.9 took up investigation and visited
the scene of occurrence and prepared Observation Mahazar and Rough
Sketch in the presence of witnesses and also examined the witnesses and
recorded their statements and arrested the accused. Further M.O.1 to M.O.5
recovered. P.W.9 took up further investigation and on conclusion of the
investigation, charge sheet was filed before the trial Court.
6. During the trial, on the side of the prosecution P.W.1 to P.W.9 were
examined and marked Ex.P.1 to Ex.P.13. On the side of accused, D.W.1 was
examined. Material objects were marked as M.O.1 to M.O.5. On conclusion of
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Crl.M.P.Nos.14421, 14585 & 14684 of 2024
in
Crl.A.Nos.1289, 1297 & 1305 of 2024
the trial, the trial Court convicted and sentenced the petitioners as stated
above.
7. Heard the learned counsel on either side and perused the materials
available on record.
8. Considering the submissions made on either side and on a perusal of
the materials on record, it is seen that there is a civil dispute between the
petitioners and the de-facto complainant and others. The case is that a
common pathway, obstructed by placing concrete structure, which was
requested by the petitioners earlier to be removed, but the de-facto
complainant failed to do so, thereafter for having the pathway the concrete
structure was removed, due to which wordy altercation and exchange of
words. Admittedly, the property belongs to Singarathopu Sattanathar Koil
Matrum Dharmapura Adeenam and none from Adeenam has been examined. It
is seen that a civil suit between the de-facto complainant and some of the
accused came to be dismissed. Primarily the civil dispute got magnified and a
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Crl.M.P.Nos.14421, 14585 & 14684 of 2024
in
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criminal case filed. In any event, the conviction of the petitioners needs to be
re-considered.
9. Accordingly, the substantive sentence of imprisonment imposed on
the petitioners alone is suspended till the disposal of the above criminal
appeals and they are ordered to be enlarged on bail, on condition that each of
the petitioners shall execute a bond for a sum of Rs.5,000/- (Rupees five
thousand only) with two sureties each, for a like sum to the satisfaction of the
trial Court.
10. Further, petitioners/accused shall appear before the Trial Court on
the first working day, once in three months at 10.30 a.m. until the disposal of
these Criminal Appeals and if they are not able to appear before the Trial
Court on that day, they shall make necessary arrangements to file an
application under Section 317 Cr.P.C. and shall appear before the Trial Court
on any other day in the same month, in lieu of the date of their absence as
directed by the Trial Court.
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Crl.M.P.Nos.14421, 14585 & 14684 of 2024
in
Crl.A.Nos.1289, 1297 & 1305 of 2024
11. Accordingly, these Criminal Miscellaneous Petitions are ordered.
24.10.2024
ms
Note : Issue Order Copy on 25.10.2024.
To
1.The District and Sessions Judge,
Mayiladuthurai.
2. The Superintendent,
Central Prison
Thiruchirapalli.
3.The Public Prosecutor,
High Court, Madras.
4.The Inspector of Police,
Sirkazhi Police Station
Mayiladuthurai District.
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Crl.M.P.Nos.14421, 14585 & 14684 of 2024
in
Crl.A.Nos.1289, 1297 & 1305 of 2024
M.NIRMAL KUMAR, J.
ms
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in
Crl.A.Nos.1289, 1297 & 1305 of 2024
24.10.2024
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