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CRL.O.P.No.7840 of 2020 and Crl.M.P.Nos.3991, 3992, 3993

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CRL.O.P.No.7840 of 2020 and Crl.M.P.Nos.3991, 3992, 3993 Crl.O.P.Nos.7840, 7842, 7841 & 7843 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.05.2020 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.7840 of 2020 and Crl.M.P.Nos.3991, 3992, 3993 & 4000 of 2020 Crl.O.P.Nos.7842 & 7843 of 2020 and Crl.M.P.Nos.3998 & 3999 of 2020 Crl.O.P.No.7841 of 2020 and Crl.M.P.Nos.3994, 3995, 3996 & 3997 of 2020 Crl.O.P.No.7840 of 2020 Thiru.Dayanidhi Maran ... Petitioner Vs. 1.The State, By the Sub Inspector of Police, Thudiyalur Police Station, Coimbatore 641 034. 2.Sekar ... Respondents Crl.O.P.Nos.7842 & 7843 of 2020 T.R.Balu ... Petitioner Vs. 1.The State, Represented by the Inspector of Police, Coimbatore Thudiyalur Police Station, Coimbatore 641 034. 2.Thiru.Anandhakumar, Sub Inspector of Police, Thudiyalur Police Station, Coimbatore 641 034. 3.K.Sekar. ... Respondents 1/18 Crl.O.P.Nos.7840, 7842, 7841 & 7843 of 2020 Crl.O.P.No.7841 of 2020 Thiru.Dayanidhi Maran ... Petitioner Vs. 1.The State, By the Inspector of Police, Coimbatore City Police Station, Variety Hall Road, Coimbatore 641 001. 2.Mr.Jeganathan ... Respondents PRAYER in Crl.O.P.No.7840 of 2020: Criminal Original Petition filed under Section 482 of Cr.P.C., praying, to call for the records relating to the proceedings in Crime No.1415 of 2020 on the file of the Sub Inspector of Police, Thudiyalur Police Station, Coimbatore 641 034 and quash the same and allow this Criminal Original Petition. PRAYER in Crl.O.P.No.7842 of 2020: Criminal Original Petition filed under Section 482 of Cr.P.C., praying, to call for the records relating to FIR No.1415 of 2020 dated 19.05.2020 on the file of the Inspector of Police, Coimbatore Thudialur Police Station, Coimbatore, Coimbatore 641 034 and quash the same. PRAYER in Crl.O.P.No.7843 of 2020: Criminal Original Petition filed under Section 482 of Cr.P.C., praying, to enlarge the petitioner on anticipatory bail in the event of the petitioner being arrested by the 1st respondent in connected to FIR No.1415 of 2020 on the file of the 1st respondent. PRAYER in Crl.O.P.No.7841 of 2020: Criminal Original Petition filed under Section 482 of Cr.P.C., praying, to call for the records relating to the proceedings in Crime No.643 of 2020 on the file of the Inspector of Police, Coimbatore City Police Station, Variety Hall Road, Coimbatore 641 001 and quash the same and allow this Criminal Original Petition. Crl.O.P.No.7840 of 2020 For Petitioner : Mr.Ar.L.Sundaresan, Senior Counsel for Mr.J.Ravindran 2/18 Crl.O.P.Nos.7840, 7842, 7841 & 7843 of 2020 For R1 : Mr.A.Natarajan State Public Prosecutor Assisted by Mr.S.Karthikeyan, Additional Public Prosecutor Crl.O.P.Nos.7842 & 7843 of 2020 For Petitioner : Mr.P.Wilson Associates, Senior Counsel For R1 & R2 : Mr.A.Natarajan State Public Prosecutor Assisted by Mr.S.Karthikeyan, Additional Public Prosecutor Crl.O.P.No.7841 of 2020 For Petitioner : Mr.N.R.Elango Senior Counsel for Mr.J.Ravindran For R1 : Mr.A.Natarajan State Public Prosecutor Assisted by Mr.S.Karthikeyan, Additional Public Prosecutor ***** COMMON ORDER Crl.O.P.Nos.7840 & 7842 of 2020 are filed by the petitioners, Mr.Dayanidhi Maran and Mr.T.R.Balu, who are the accused in Crime No.1415 of 2020 for the offence under Sections 3(1)(u) and 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), 1989, registered by the 3/18 Crl.O.P.Nos.7840, 7842, 7841 & 7843 of 2020 Inspector of Police, Thudiyalur Police Station, Coimbatore on 19.05.2020. 2.Crl.O.P.No.7841 of 2020 is filed by the petitioner, Dayanithi Maran, who is accused in Crime No.643 of 2020 for the offence under Sections 3(1)(u) and 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), 1989, registered by the Inspector of Police, Coimbatore Thudialur Police Station, Coimbatore on 18.05.2020. 3.The case in Crime No.1415 of 2020 is that on 19.05.2020, a complaint was lodged by the defacto complainant Sekar stating that on 13.05.2020, the Members of Parliament belonging to DMK (Dravida Munnetra Kazhagam) Party namely Dhayanidhi Maran, T.R.Balu, Kalanithi and Tamilachi Thangapandiyan met Mr.Shanmugam, IAS, Chief Secretary with regard to COVID-19 relief work and further to submit petitions in this regard. At that time, the Chief Secretary did not respond and gave proper respect to them. Thereafter, T.R.Balu and Dayanidhi Maran addressed the press and media persons, elaborating the manner in which they were treated by the Chief Secretary in emotional mood, without any reason. Mr.Dayanadhi Maran stated that they were treated as third class citizens like under privilege people, which insulted, intimidated and sent shock waves among the SC and ST people. 4/18 Crl.O.P.Nos.7840, 7842, 7841 & 7843 of 2020 Further, persons holding position in DMK Party in a sustained manner were intentionally humiliating and passing reference against the Scheduled Caste people. Previously, the DMK Organizing Secretary R.S.Bharathi claimed that the Scheduled Caste persons were appointed as High Court Judges at the mercy of DMK party for which several organizations of Scheduled Castes and Scheduled Tribes have raised objections and complaints were lodged. A case came to be registered against R.S.Bharathi in Crime No.119 of 2020 by the Inspector of Police, E-3 Teynampet Police Station, Chennai. The former Chief Minister of Tamil Nadu, late Dr.Kalaignar Karunanithy, on every breath claims himself to be the Protector of Scheduled Caste peoples' right and privilege. The opposition leader Mr.M.K.Stalin's son-in-law Mr.Dhayanidhi Maran has made offensive comments against SC & ST people. The office bearers of DMK are also with the same approach. The media as well as the other opposition leaders had not condemned the act of Mr.Dhayanadhi Maran, on the other hand were giving excuses that the comment was unintentional. The DMK party leader had not condemned the same and not taken any action against them. Hence to stop such derogative, provocative comments, a complaint came was lodged against them. 5/18 Crl.O.P.Nos.7840, 7842, 7841 & 7843 of 2020 4.The case in Crime No.643 of 2020 is that when the defacto complainant viz., Jeganathan on 13.05.2020 at about 07.00 p.m., was watching TV, he saw the petitioner along with other DMK Parliamentarians addressing the press and media after visiting the Chief Secretary, expressing their displeasure the manner in which the elected representatives were treated. During the press meet, the petitioner Mr.Dayanidhi Maran said that as though they were treated like third class citizens under privileged persons with intention to humiliate, insult the Scheduled Caste people and thereby, promoted feelings of enmity, hatred and ill-will against members of the Scheduled Castes or the Scheduled Tribes. 5.The contention of the learned senior counsel for the petitioner in Crl.O.P.No.7840 of 2020 is that the alleged occurrence is said to have taken place on 13.05.2020, but the complaint came to be lodged after six days on 19.05.2020, for which no reason has been given for such delay. The Members of Parliament had gone to the office of the Chief Secretary to submit petitions received from one lakh people in the state of Tamil Nadu for the grievance of their food, shelter and clothing during the COVID-19 pandemic period. At that time, the Members of Parliament were treated with scant respect. Hence the petitioner along with other Members of Parliament addressed the press and 6/18 Crl.O.P.Nos.7840, 7842, 7841 & 7843 of 2020 media and words have been picked out of context and motive has been attributed as though the petitioner had insulted, humiliated and he was the reason in promoting humiliation, hatred or ill-will and enmity against the members of the Scheduled Castes or the Scheduled Tribes. 6.The learned senior counsel further submitted that the petitioner made no such comments and his words were doctored, further immediately in Twitter, he gave his explanation and expressed his remorse. The petitioner is a sitting member of the Parliament from Chennai Central Constituency belonging to DMK Party who was a Cabinet Minister of the Nation on two occasions, hails from a respectable family and he is performing yeoman service to the people in the present COVID-19 pandemic. 7.Further, the registration of FIR is with malafide and abuse of process of law, the petitioner addressing the press and media has been projected out of context. It is well established principle that under the Act, stray words should never be picked out and attributed with motive. It has to be considered on the whole and under what context it is made to find out the ingredient of the matter. There is a similar complaint in Crime No.643 of 2020 registered against the petitioner by the Inspector of Police, Coimbatore City Police Station, Variety 7/18 Crl.O.P.Nos.7840, 7842, 7841 & 7843 of 2020 Hall Road, Coimbatore. On perusal of complaints, it is seen that they are verbatim, except for some cosmetic changes, no offence is made out as alleged in the averments of the complaint. The complaint is motivated with malice.
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