V.Sathiya Sheela v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI V.Sathiya Sheela ... Petitioner /Accused Rank Not known Vs The State rep by The Inspector of Police, Srivilliputhur Town Police Station, Viruthunagar District.
(Crime No.222 of 2024) ... Respondent / Complainant For Petitioner : Mr.P.Suresh,Advocate For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.
PRAYER :- For Bail in Crime No.222 of 2024 on the file of the Inspector of Police, Srivilliputhur Town Police Station, Viruthunagar District. The Court made the following order :- The petitioner has initially filed this criminal original petition on 28.05.2024 seeking anticipatory bail apprehending arrest in connection with Crime No.222 of 1/7
2024 on the file of the respondent Police. When the case was listed for hearing on 29.05.2024, a representation has been made on behalf of the petitioner that the petitioner had already been arrested on 25.05.2024 for the alleged offence under Sections 147, 294(b), 323, 324 and 307 IPC altered into Sections 147, 294(b), 323, 324 and 302 IPC in Crime No.222 of 2024, on the file of the respondent police. Therefore, this Court by order dated 29.05.2024 has permitted the Registry to convert this petition into a bail petition, however, has not granted bail to the petitioner and posted this case on 03.06.2024. At the request of the learned Counsel for the petitioner this case was also adjourned to 13.06.2024.
2.The case of the prosecution is that de facto complainant along with her husband and two daughters went to Arulmigu Muthu Mariamman Temple for worship. One Ramasamy, who is also a resident of the same village came along with his son and two other women and he has insisted to install a lion statue inside the temple premises. This was objected to by the defacto complainant's husband Ramar and other villagers. Therefore Ramasamy and his associates abused the defacto complainant's husband and assaulted him. Immediately he was taken to hospital, admitted for treatment and subsequently he succumbed to injuries on 26.05.2024. Therefore the case was registered for the offence under Sections 147, 294(b), 323, 324 and 302 IPC. Admittedly the petitioner's name was not found in the FIR. During the 2/7
course of investigation, the police found the two women who involved in the offence are Jeya @ Usha,W/o. Rajendran and V.Sathiya Sheela / this petitioner, who is working as an Inspector of Police is in live in relationship with Ramasamy. All the accused were in Bangalore, where they were arrested by the respondent Police on 26.05.2024.
3.The learned Counsel for the petitioner submits that the petitioner is an Inspector of Police and this case has been foisted as against her. As per the First Information Report, there is no specific overt act as against this petitioner and this petitioner has been added as an accused based on the extra judicial confession statement.
4.The learned Additional Public Prosecutor submits the petitioner lost her husband a long back. When she was working as a Sub Inspector of Police, Kallupatti Police Station, she developed relationship with A3 Ramkumar and by exchanging rings, they are living as husband and wife since 2019. She is facing two cases registered against her, viz., one in Pudukottai and the other in Sivagangai CBCID. Ramkumar / A3 is a money lender. The deceased Ramar obtained money from A1. Since he did not repay the amount, they have enmity. On 21.05.2024 a festival was conducted at Muthumariamman temple. Around 11.45 hours, she along with Ramkumar, his father Ramasamy, brother Rajendran and his wife Jayalakshmi @ 3/7
Usha went to the temple. They were discussing about their family's proposal to install a lion statue in the temple. It was objected to by the deceased Ramar and his family. Therefore a dispute arose among them. Infuriated over the same, Rajendran attacked the deceased with a stone on his head. Immediately the petitioner along with Ramasamy instigated to kill him that he is objecting the installation of the statue. Immediately Ramkumar attacked Ramar with a large iron ladle attacked him on his head and also abused him. Ramar sustained injuries on his head and fell down. The said Jayalakshmi and the petitioner kicked Ramar. 5.He further submits that this is not the first instance where the petitioner herein as the Inspector of Police came to the adverse notice in criminal cases, she was also arrayed as an accused in Crime No.
33 of 2022 on the file of the Keeranur Police Station. then to District Crime Branch, Pudukottai under Section 174 CrPC @ 305 IPC @ 120(B), 306 IPC, which was subsequently transferred to CB-CID by this Court in CrlOP(MD)No.1419, 18052 and 18053 of 2022 vide order dated 07.10.2022. The case relates to demanding of Rs.5 lakh from one Nachiappan for not taking action on the complaint preferred by one Gunalan under the POCSO Act. The said Nachiappan was compelled to register the house and the shop run by him, finally he committed suicide by hanging. He has also left a statement in writing about the police officers, who demanded money to the tune of Rs.50 Lakh.
as 9th accused that she also received money for dropping action. The case was reregistered as FIR No.2, dated 24.01.2023 by CB-CID Counterfeit Currency Prevent Detachment, Madurai.
6.Based on the report of the Deputy Inspector General of Police, Madurai Range in C.No.B4(1)/362539/212/2024, dated 26.05.2024 that a prima facie case being established against the petitioner herein in the case case, she was placed under suspension as per Rule 3(e)(1)(i) of the Tamil Nadu Police Subordinate Service Rules, 1955 by the Deputy Inspector General of Police, Ramanathapuram Range in C.No.B1/3506/2024,R.O.No.143/2024, dated 27.05.204, when the petitioner herein was serving as the Inspector of Police, SLR, Mandapam Camp, Ramanathapuram on the following delinquencies a) Highly reprehensible conduct in having unauthorisedly intervened in a dispute between the petitioner Hariramsait, S/O.Aanaikaran of Rajapalayam and counter petitioner Ramkumar, S/o.
Ramasamy (A1 in the present case), Srivilliputhur which involved cheating of 9 sovereigns of gold jewels and cash Rs.2,61,000/- in assuring affording government job. b) Highly reprehensible conduct in having entered into the above dispute and unauthorisedly taken responsibility for the return of jewels and cash on behalf of T.Ramkumar and failed to do so.
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c) Highly reprehensible conduct in having pledged illegally the gold jewels of nine sovereigns in her name which were involved in the above dispute in Karur Vysya Bank, Srivilliputhur in collusion with Ramkumar, S/o. Ramasamy and misappropriated the jewels of the petitioner and thereby violated Rule 24 of TNPSS conduct Rules, 1964.
6.This Court considered the rival submissions and perused the materials placed on record.
7.The occurrence has taken place on 21.05.2024. The petitioner claims that with regard to the installation of a lion statue in the temple a dispute arose and the said occurrence took place. However, the learned Additional Public Prosecutor submits that the main accused is in live in relationship with the petitioner. The overt act against this petitioner is that she along with another woman kicked the deceased Ramar. The petitioner is in police department, apart from this case she is also in a case in Crime No.33 of 2022 on the file of the Keeranur Police Station, wherein she went to the extent of receiving money for not taking action in a criminal case. Though she has been placed under suspension by the department, considering the nature of allegation against this petitioner and the stage of the investigation in the present case, 6/7
this Court is not inclined to grant bail to the petitioner at this stage. Accordingly this criminal original petition is dismissed.
sd/- 18/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSK TO THE INSPECTOR OF POLICE SRIVILLIPUTHUR TOWN POLICE STATON, VIRUDHUNAGAR DISTRICT.
THE SUPERINTENDENT CENTRAL PRISON, MADURAI.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7968 of 2024 Date :18/06/2024 PKP/VR/SAR /23.07.2024/ 7P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7