Thirumala Balaji v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 19/06/2023

CORAM

The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.6187 of 2023 and Crl.MP(MD)No.5405 of 2023 Thirumalai Balaji : Petitioner/A2 Vs.

1.State through The Inspector of Police, Dindigul Taluk Police Station, Dindigul Town and District.

(Crime No.381 of 2013) : R1/Complainant 2.Pugalendhi, Inspector of Police, Town West Police Station, Dindigul. : R2/De-facto Complainant PRAYER:- Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to call for the records relating to the impugned FIR in Crime No. 381 of 2013, dated 04/07/2013 and quash the same and pass such further or other orders.

For Petitioner : Mr.V.Malaiyendran For Respondents : Mr.R.Suresh Kumar Government Advocate (Criminal side)

O R D E R

This criminal original petition has been filed seeking quashment of the FIR in Crime No.381 of 2013, dated 04/07/2013.

2.The case of the prosecution in brief:- On 04/07/2013 at about 08.45 am, near Dindigul Municipal Corporation area, the accused persons gathered unlawfully under the head of one Jayakumar and staged protect against killing of one Vellaiyappan, on 02/07/2023. At that time, one Baskaran, who is the office-bearer of Vishwa Hindu Praishat made a public speech making defamatory, hate speech against the other religious people. So, on the basis of the above said speech, a case in Crime Nos.147, 148, 341, 294(b), 353 and 506(i) IPC, was registered.

3.Now seeking quashment of the same, this petition has been filed by A2 namely Thirumalai Balaji on the ground that one Vellaiyappan and the State Secretary of Vishwa Hindu Parishat was murdered, one Baskaran was arrested; At that time, as a preventive measure, the police arrested the above said Baskaran, who is working

as Joint Secretary of Vishwa Hindu Parishat. So at the time of agitating the above said arrest of Baskaran, the petitioner and others gathered in the above said place and conducted demonstration in a peaceful manner. So, according to him, they have expressed their democratic right of protest. In a vindictive manner, this FIR has been registered. The next ground is that none of the allegations mentioned in the FIR attract any of the ingredients as alleged.

4.Heard both sides.

5.This is a case of hate speech against the other religious people. The speech that was made by one of the participants, prima facie shows that it is an unruly remark. One Baskaran was arrested and about to produce before the Judicial Magistrate for the purpose of remand. At that time, the first petitioner and others alleged to have gathered near the Judicial Magistrate's house and prevented the police from taking the above said Baskaran to the Remanding Magistrate. Preventing the police officials from discharging their official duty is apparently clear on the face of records as well as it is

evident from their own conduct. Such sort of offence cannot be lightly taken. The petitioner would not be permitted to say that they have exercised their democratic right. Democratic right cannot be exercised in such a manner. What they have done is clear violation of law. If they got any grievance over the above said arrest of the Baskaran, they ought to have made a demonstration or protest in a peaceful manner, certainly, they are not permitted to prevent the police from discharging their duty. If any person is arrested, it is the duty of the police official to discharge, whether to send remand or release him on bail, they have decided to remand, the above said Baksaran pending investigation in the above said crime.

6.So, I find no reason to exercise the discretionary power in favour of the petitioner. The offence of this nature cannot be lightly taken. It must be investigated to its logical end. The petitioner is directed to face the investigation process.

7.In the result, this criminal original petition is dismissed.

Consequently, connected Miscellaneous Petition is closed.

19/06/2023 Index:Yes/No Internet:Yes/No er To, 1.The Inspector of Police, Dindigul Taluk Police Station, Dindigul Town.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

G.ILANGOVAN, J er Crl.OP(MD)No.6187 of 2023 19/06/2023