K R SELVARAJKUMAR Vs. STATE OF TAMIL NADU
LAWS(MAD)-2020-7-24
HIGH COURT OF MADRAS (AT: MADRAS)
Decided on July 14,2020

K R Selvarajkumar Appellant
VERSUS
STATE OF TAMIL NADU Respondents

JUDGEMENT

M.Nirmal Kumar, J. - (1.) Since the issue involved in both the First Information Reports are similar, both the Criminal Original Petitions are hereby disposed of by a common order.
(2.) (I) The petitioner, who is arrayed as A2 in Crime No.510 of 2014, being investigated by the 1st respondent for the alleged offence under Sections 120b, 297 A, 505, 509 IPC, Section 4 of Indecent Representation of Woman Act and Section 4 of Tamil Nadu Prevention of Harassment and Women Act, 2002. (ii) The petitioner, who is arrayed as A1 in Crime No.537 of 2014, being investigated by the 1st respondent for the alleged offence under Sections 292 A, 505, 509, 560(i) of IPC r/w 34 of IPC, Section 4 of Indecent Representation of Woman Act and Section 4 of Tamil Nadu Prevention of Harassment and Women Act, 2002.
(3.) The gist of the case is that : (i) The petitioner, who is the resident of Ulaganathapuram, Ennore had grabbed and squattered over the property of one Ganthimathi situated at Door No.15/8, AJ Colony, Kasimedu, Chennai-13. In the said property, the petitioner was running 24 hours legal aid centre, the petitioner taking advantage of being an advocate was violating laws. In the said property, the petitioner's associates used to gather, encroach upon the road and create nuisance by consuming alcohol and threatening the local residents, who questioned the same. On 02.02.2014, Rajalingam, father of the petitioner died at Ulaganathapuram, Ennore, his body was brought to AJ Colony and was kept in the disputed property and during funeral procession without following the usual route. The petitioner had taken the body through all the streets of AJ Colony to prove his dominance and control of AJ Colony. When, the petitioner attempted to take the body through the local temple at about 3.30 p.m, where, Mandala Pooja was performed after consecration of the temple and the local residents objected for passing of the dead body through the temple area, a wordy quarrel arose, the petitioner and his brother Thiyagarajan along with others created commotion threw the slippers and thereby, damaged the sanctity of the temple and hurt the religious feeling and sentiments of the residents, for which, a complaint was lodged. (ii) Further, on 03.02.2014, the local residents held a meeting to discuss about the act of the petitioner, at that time, the petitioner and his group hurled stones and one of the stone hit one Kalyani, who got injured and thereafter, a complaint came to be lodged. Since the local head Parasuraman was acting against the interest of the villagers and was having tactful understanding with the petitioner, the said Parasuraman was removed as local head and in his place one Kumar was made as Village Head. From February, 2014 anonymous letters and handbills pamphlets were circulated spreading tantrums against the local residents. On 12.04.2014 in the name of Selvamani, letters were sent with derogative words to the officials, for which on 16.04.2014, the said Selvamani committed suicide. On 16.04.2014, the said Parasuraman was arrested for derogative remarks and circulation of obscene materials and thereafter, he was granted bail. On 28.04.2014, the local president of Royapuram received a letter, along with obscene pictures depicting AJ Colony woman. Thereafter, on 09.05.2014 at about 5.00 a.m when the defacto complainant in Crime No.537 of 2014 was cleaning and sprinkling water in front of her house, the relatives of the petitioner came in the bike with handbills, which contained naked pictures and handbills were placed in the door steps of each house. The hand bill contained the defacto complainant's name. When the same was questioned by the local residents who attempted to stop the persons distributing the handbills they sped away from the scene of occurrence. The said handbills were similar to the posters which was earlier sent on 28.04.2014 to one Seeman, Sugesan, who is the local leader of Royapuram. Hence, the cases came to be registered.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.