Venkataraman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) Nos.8749 & 8750 of 2017 VENKATARAMAN ... PETITIONER / A11 IN CRL OP(MD) No.8749 of 2017 1 JEYARAMAN ... ACCUSED NO.1 2 MURUGAN ... ACCUSED NO.5 3 SANTHOSH ... ACCUSED NO.7 4 SAMINATHAN ... ACCUSED NO.8 5 VIDUTHALAISUDAR @ BASKAR ... ACCUSED NO.2 6 SILAMBARASAN ... ACCUSED NO.9 7 SENTHILKUMAR ... ACCUSED NO.4 ... PETITIONERS/ACCUSED 1,2,4,5, 7 to 9 IN CRL OP(MD) No.8750 of 2017 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE PANTHANALLUR POLICE STATION, THANJAVUR DISTRICT, CR NO. 126/2017. RESPONDENT / COMPLAINANT IN BOTH PETITIONS For Petitioner : MR.M.AJMAL KHAN, SENIOR COUNSEL FOR M/S.Y.ARULANANDASAMY Advocate IN CRL OP(MD) No.

8749 of 2017 For Petitioners : MR.M.AJMAL KHAN, SENIOR COUNSEL FOR M/S.A.RAHUL Advocate IN CRL OP(MD) No.8750 of 2017 For Respondent : MR.A.RAMAR Additional Public Prosecutor IN BOTH PETITIONS For Intervener : MR.C.MUTHUSARAVANAN Advocate IN BOTH PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- (Orders Reserved on 19.07.2017) The petitioners, who were arrested and remanded to judicial custody on 01.07.2017, for the offences punishable under Sections

147, 148, 294(b), 341, 323, 324, 336, 353, 436, 506(ii) and 307 of IPC., r/w Section 3(1) of TNPPDL Act, in Crime No.126 of 2017, on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 30.06.2017, at 8.30 a.m., a leakage was reported to the Corporation in Kuttalam Unit 35 owned by ONGC, a Public Sector undertaking of the Central Government, situated nearby Vanadurgai Amman Temple, Pandanallur Road, Kathiramangalam Village and a Team of Officials from the Corporation rushed to the spot in order to undertake the plugging work. At that time, the accused herein gathered the Village people unlawfully and started agitation against the Corporation and prevented its officials from repairing the leakage works and also instigated the agitators to prevent the officials from discharging their duties.

While all the Revenue Officials and the Deputy Superintendent of Police, Thiruvidaimaruthur arrived there and the District Collector, Thanjavur, was also on his way to visit the leakage spot, the accused along with 100 others prevented the officials from proceeding further and burnt haystack by pouring petrol and also prevented the rescue team from putting up the fire and started attacking the police personnel by pelting stones and caused injuries upon the head of the Inspector of Police, Tirukattupalli Police Station and a Head Constable, Kumbakonam West Police Station and also to the public. He would further state that the agitators further damaged the wind shield of the Bolero vehicle, bearing Registration No.

TN-49-G-0673, belongs to the Deputy Superintendent of Police, Armed Reserved Police, Thanjavur and continue to damage the Iron Gate of the Corporation and also threatened the Police and Revenue Officials with dire consequences by showing aruval and caused damage to the properties.

3. The learned counsel appearing for the petitioner would submit that the intervener is not a competent to raise any objection in granting bail and the ONGC had 11 petrol wells in Kathiramangalam Village and from which Petrol was leaked out and when the same was reported to the Authority concerned, no proper steps was taken so far and due to petrol leakage, the ground and drinking water became yellowish and thereby the village people are being affected much and as usual there was a leakage on 30.06.2017 and as such, all the village people more than 100 persons assembled together and made a protest as against the ONGC to take proper steps.

Immediately, the Police officials and Revenue Officials from the cadre of Tahsildar to Sub-Collector came one by one and pacified the matter by way of talking with A1 herein and the Village people insisted for the presence of District Collector in the spot, but he did not come to the spot and lastly when they attempted to close the leakage, it was resisted by the village people and the police indulged in violence and assaulted the public and in fact, there has been no occurrence, as alleged by the prosecution and five village people also sustained injuries in the incident and they are taking treatment and it is a false case foisted against the people, who struggled for public welfare and to protest the ONGC.

4.The learned counsel appearing for the intervener / Corporation Officials would submit by filing a typed set of papers that ONGC Company is a Public Sector undertaking of the Central Government and established in the year 1957 with the main object of exploring oil and natural gas within our country and in the State of Tamil Nadu.

The ONGC had 700 Oil wells and only approximately 250 wells are presently producing oil and gas and one of the well was drilled in the year 2000 named as KUT 35 situated at Kathiramangalam and the Corporation has 17 Oil wells in and around Kathiramangalam area and the Iron pipes carrying the natural resources from the well is laid beneath 4 feet under the earth surface and iron pipes are having 4 inch diameter 8 mm to 10 mm thickness; that the laying of pipelines is covered under the Petroleum and Mineral Pipe Lines (Acquisition of Rights of User Inland) Act, 1962, by way of Central Act 50 of 1952.

He would further submit that the Corporation is paying much attention while the natural resources is being travelled from the well and would be monitored by a team of security personnel throughout the year and whenever the Corporation has come across the situation, where there is any obstruction or damage to the well or there are leakages in the floor pipes, which occurs naturally immediate steps are taken to remove the obstruction, repair the wells and pipelines. The leakages would occur naturally and on most of the occasion it had happens due to erosion in the iron pipes.

5. Adding further, the learned counsel for the intervener would submit that the first petitioner / A1 and others always used to spread over mischevers and false news against ONGC and also to prevent the officials from discharging their official duties, when the officials of ONGC were undertaking the repair works and 4th case came to be registered in Crime No.127 of 2017 under Sections 147, 341, 294(b), 353, 506(i) and 505(1)(b) IPC., and Section 3 of TNPPDL Act, 1992, on 01.07.2017 at 9.30 Hrs on the written complaint of the intervener herein.

6. Continuing further, the learned counsel for the intervener would submit that the first accused is a habitual offender and his intention is to spread a false and fake news among the public against the Corporation and local public at Kathiramangalam Village has been continuing their agitation even now they have demanded the release of the accused and so there is every possibility that the accused would join the public at Kathiramangalam and intensify the agitation against the State, if they are released on bail and the public is mislead by the first accused and others about the scientific and technical phenomena and, if they are released on bail, definitely they would instigate the public to continue the agitation.

7. The learned Additional Public Prosecutor also reiterates the very same contention of the intervener and further states that the Corporation is generating more revenue to the exchequer of the State Government of Tamil Nadu. He also submitted, on instructions that

the petitioners in Crl.O.P(MD)Nos.8750 and 8749 of 2017 are accused in this case and FIR has been registered in Crime No.126 of 2017, dated 30.06.2017 against one named accused and others, under Sections 147, 148, 294(b), 341, 323, 324, 336, 353, 436, 506(ii) and 307 of IPC., and under Section 3(1) of TNPPDL Act, 1992, on the basis of the written complaint of Tahsildar, on information by the Village Administrative Officer, Kathiramangalam. The petitioners were arrested and remanded to judicial custody on 01.07.2017. Previously, Crime No.94 of 2017 for the occurrence dated 19.05.2017 and Crime No.101 of 2017, for the occurrence dated 02.06.2017 were registered against the first petitioner / A1 and others. The injured were discharged from the hospital and the investigation is still pending. Police picketing is also posted in the occurrence area till now, since tension prevails there.

8. I have perused the materials available on record and heard and considered the arguments advanced by either side.

9. The petitioners in Crl.O.P.(MD)No.8750 of 2017 are arrayed as A1, A5, A7, A8, A2, A9 and A4 respectively and the petitioner in Crl.O.P(MD)No.8749 is arrayed as A11. Crime No.126 of 2017 was registered by the respondent police. The first petitioner / A1 in this case is a retired Professor, Head of the Department, AVC College at Mayiladuthurai. Though the FIR was registered against one named accused, who is arrayed as A1, and others are not named in the first page of the FIR. But the names of the petitioners are found in the contents of the FIR.

The overt act attributed against A1 is that on the date of occurrence, he instigated the public / village people by speech against the State that ONGC Company should not exist in Kathiramangalam Village and he along with village people was preventing the officials from discharging their officials duties and insisted the presence of the District Collector in the spot. The petitioners along with 100 others assembled and restrained the Superintendent of Police, Thanjavur and the District Revenue Officer preventing them to see the said leakage in the pipe and set fire on the haystack by pouring petrol and they also prevented the Police party from discharging their duties.

A2, A4, A5, A7 prevented the fire service vehicle from putting of the fire and attacked the Police people, who are in the duty by pelting stones and thereby caused injury to two police personnel and some of the public and also damaged the Police vehicle and entrance gate of the ONGC.

10. A1 headed the protest against ONGC at Kathiramangalam Village in Thanjavur with the residents of Kathiramangalam Village following a leakage in the pipe transporting Crude Oil and Natural Gas from a well situated in the Village to the Refinery at Kuttalam in Nagapattinam. A1 has committed two similar offences previously and two cases have been registered against him during the relevant period, while enjoying the bail. The object of the petitioner may be for the welfare and livelihood of the Kathiramangalam Village People, but preventing the Police officials and other Revenue

Officials from discharging their duties to repair the leakage found in the pipelines and attacking them by pelting stones and caused injury and damaged the vehicle and the entrance gate of the ONGC are not permissible in law.

11. Considering the above facts and circumstances of the case and the fact that the injured were discharged from the hospital and also the alleged overt act of the petitioners during the occurrence in this case and the antecedents and previous cases of similar nature and the Police picketing continues even till date over the area, since tension prevails in the village of Kathiramangalam and the period of incarceration of the petitioners in jail, this Court is inclined to grant bail, subject to certain conditions;

12. Accordingly, the petitioners are ordered to be released on bail on their each executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand Only) each with two sureties, each for a like sum to the satisfaction of the learned Additional District Munsif cum Judicial Magistrate, Kumbakonam and on further condition that: [a] The 1st petitioner /A1 shall stay at Madurai and report before the learned Judicial Magistrate No.1, Madurai, daily at 10.30 a.m., until further orders and the rest of the petitioners shall stay at Tiruchirapalli and report before the learned Judicial Magistrate No.1, Tiruchirappalli, daily at 10.30 a.m., until further orders.

[b] The petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] The petitioners shall not abscond either during investigation or trial and the petitioners shall co-operate with the investigation by the respondent police.

[d] If the petitioners failed to comply with the aforesaid conditions, the bail granted shall stand vacated automatically, without any further reference to this Court. [e] 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 petitioner 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]. sd/- 09/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KUMBAKONAM.

2 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

3 THE JUDICIAL MAGISTRATE NO.I, TIRUCHIRAPPALLI.

4 THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

5 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

6 THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI.

7 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

8 THE INSPECTOR OF POLICE, PANTHANALLUR POLICE STATION, THANJAVUR DISTRICT.

9 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.Y.ARULANANDASAMY Advocate SR.No.28356 +1. CC to M/S.A.RAHUL Advocate SR.No.28357 ORDER IN CRL OP(MD) Nos.8749 & 8750 of 2017 Date :09/08/2017 MKV-CM-MSA-SAR 2/9.8.2017/6P-12C