Elango @ Elangonathan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.Nos.7461 and 7773 of 2020 1.Elango @ Elangonathan ... Petitioners in Crl.O.P.No.7461 of 2020 2.Lokeshwaran 3.Senthilkumar Suresh ... Petitioner in Crl.O.P.No.7773 of 2020 Vs.
State rep.by ... Respondent in both Crl.O.Ps The Inspector of Police, Anna Nagar, K-4 Police Station, Chennai.
Crime No.378 of 2020.
PRAYER in both Crl.O.Ps: Criminal Original Petitions filed under Section 439 of Cr.P.C., praying, to enlarge the petitioners /accused on bail and release them from the custody in Crime No.378 of 2020 pending on the file of the respondent police. In Crl.O.P.No.7461 of 2020 For Petitioners : Mr.Paul Kanagaraj for Mr. B.Mohanraj For Respondent : Mr.C.Iyyappa Raj, Additional Public Prosecutor In Crl.O.P.No.7773 of 2020 For Petitioner : Mr.J.H.Batcha For Respondent : Mr.C.Iyyappa Raj, Additional Public Prosecutor COMMO ORDER The petitioners, who were arrested and remanded to judicial custody on 20.04.2020 for the offences punishable under Sections 147,148,294(b), 332, 324, 307, 506(ii) of IPC r/w 269 IPC & 3(1) of TNPPDL Act in Crime No.378 of 2020 on the file of the respondent
police, seeks bail.
2. The case of the prosecution is that the defacto complainant is working as Assistant Engineer, Chennai Corporation, Chennai. On 19.04.2020, the defacto complainant along with other officials have gone to velankadu burial ground, Chennai, for burial of the dead body of Dr.Simon, who died due to Covid-19. The petitioners along with other accused came to the burial ground and objected the burial of the dead body. Further, the residents of the said area assembled there and attacked the defacto complainant and others officials with stones and wooden logs, due to which, the defacto complainant and others sustained serious injury and they were obstructed from carrying out their duty. The local residents also damaged the ambulance vehicle. Hence, this complaint.
3. The learned counsel for the petitioners submitted that the petitioners are the local residents. On hearing the shouting, they came out from the house and found that the local residents were arguing with the Corporation officials with regard to the burial of the body which was affected by Covid-19. The local residents who are uneducated, had apprehension that the burial of the body which was affected by Covid-19, would cause disease to the local residents and they would also be affected with Covid-19. The officials using police force, attacked the local residents. He also submitted that the body of Dr.Simon was not allowed for burial in Kilpauk Cemetery and thereafter, it was brought to Velankadu burial ground which has caused mystery and suspicion in the minds of the local residents.
Hence, they objected for the burial of the dead body. To disperse the crowd, the police have used the force for lathi charge and everybody ran helter, shelter to avoid being lathi charged. Due to which, the vehicle was also damaged. Thereafter, the petitioners were arrested by the police and shown as accused in this case. The petitioners are innocent and have not indulged in any of the offence as alleged in the complaint. Moreover, the petitioners are in judicial custody for more than 50 days. Hence, he prayed for grant of bail to the petitioners.
4. The learned Additional Public Prosecutor submitted that the Assistant Engineer, Chennai Corporation, lodged a complaint stating that the respondent authorities had gone to the burial ground of Velankadu for burial of the dead body of Dr.Simon who died due to Covid-19. The local residents not allowed the burial of the dead body and obstructed them from carrying out their official duty. The officials already explained the local residents that all precautionary measures are being taken and the burial of the dead body would not affect the environment. The local residents were adamant and attacked the officials and damaged their vehicle. Hence, he vehemently opposed for grant of bail to the petitioners.
5. It is seen that, earlier, the Corporation officials took the dead body to Kilpauk Cemetery, there the local residents objected the burial of the dead body of Dr.Simon. Later, they took the dead body of Dr.Simon to Velankadu burial ground which caused doubt in the mind of the local residents of the said area. There were already
wide rumour spreading around the country, including in the social media that the dead body of the Covid-19 affected would cause infection and also would affect the environment. Hence, the petitioners have over reacted.
6. In view of the above facts and also taking note of the fact that the petitioners are in judicial custody from 20.04.2020, this Court is inclined to grant bail to the petitioners, subject to the following conditions:
(a) the petitioners are ordered to be released on bail on executing their own bond for a sum of Rs.10,000/- (Rupees Ten thousand only) before the Superintendent of the concerned prison, in which the petitioners have been confined on their release; (b) the petitioners shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the concerned Magistrate within a period of 15 days from the date of lifting of lockdown and commencement of regular functioning of Court below, failing which the bail granted by this Court shall stand dismissed automatically;
(c) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;
(d) the petitioners shall report before the respondent police as and when required for interrogation;
(e) the petitioners shall not commit any offences of similar nature;
(f) the petitioners shall not abscond either during investigation or trial;
(g) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(h) on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].
(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
7. With the above directions, these Criminal Original Petitions are ordered.
-sd/- 17/06/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE PRINCIPAL SESSION JUDGE, CHENNAI.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE OFFICER INCHARGE, SUB-JAIL, SAIDAPET, CHENNAI.
4 THE INSPECTOR OF POLICE, K-4, ANNA NAGAR POLICE STATION, CHENNAI.
CC to M/S. B.MOHAN RAJ Advocate on payment of necessary charges CRL OP.7461/2020 Date :17/06/2020 TA-08/10/2020