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2020 Supreme(Mad) 299
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J.
Tamil Vendhan & Others - Appellant
Versus
The State represented by the Inspector of Police, Chennai - Respondent
Crl.O.P. Nos. 7450, 7531, 7544, 7545, 7590, 7591, 7592 & 7593 of 2020
Decided On : 18-05-2020
For the Petitioner:S.V. Karthikeyan, S. Shankar, U. Yuvaraj, D. Gopikrishnan, Advocates. For the Respondent: S. Karthikeyan, Additional Public Prosecutor.
The court considered the impact of lack of communication from authorities on public apprehension and its influence on the petitioners' actions.
Headnote:
Bail - Offences under IPC - Sections 145, 188, 199, 269, 294(b), 341, 353, 506(i) - Summary
Fact of the Case:
The petitioners were arrested for offences related to obstructing the burial of a deceased person who had died from COVID-19, based on their apprehension of the virus spreading in the locality.
Finding of the Court:
The court considered the petitioners' apprehension due to rumors about the spread of the virus and granted bail, emphasizing that proper communication from authorities could have dispelled the residents' fears and prevented the protest.
Issues: Arrest and remand of petitioners for obstructing burial, apprehension of virus spread, and grant of bail.
Ratio Decidendi: The court's decision was influenced by the petitioners' apprehension, the lack of prior communication from authorities, and the nature of the allegations in the FIR.
Final Decision: Bail granted to the petitioners with specific conditions.
JUDGMENT
(Common Prayer: Criminal Original Petitions filed under Section 439 Cr.P.C, to enlarge the petitioners on bail concerned in Crime No.175 of 2020 pending on the file of the respondent.)
Common Order
1. The petitioner in Crl.O.P.No. 7450/2020, who was arrested and remanded to judicial custody on 20.04.2020 for the offences punishable under Sections 145, 188, 199, 269, 294(b), 341, 353 and 506(i) of IPC, in Crime No.175 of 2020 on the file of the respondent police, seeks bail.
2. The petitioners in Crl.O.P.No. 7531/2020, who were arrested and remanded to judicial custody on 21.04.2020 for the offences punishable under Sections 188, 269, 145, 341, 294(b), 353 and 506(i) of IPC, in Crime No.175 of 2020 on the file of the respondent police, seeks bail.
3. The petitioners in Crl.O.P.Nos. 7544 and 7545/2020, who were arrested and remanded to judicial custody on 22.04.2020 for the offences punishable under Sections 188, 269, 145, 341, 294(b), 332, 353 and 506(i) of IPC, in Crime No.175 of 2020 on the file of the respondent police, seeks bail.
4. The petitioners in Crl.O.P.Nos. 7590, 7591, 7592 and 7593/2020, who were arrested and remanded to judicial custody on 22.04.2020 for the offences punishable under Sections 188, 269, 145, 341, 294(b), 353 and 506(i) of IPC, in Crime No.175 of 2020 on the file of the respondent police, seeks bail.
5. The case of the prosecution is that one Dr.Simon was undergoing treatment for heart and kidney failure and further he suffered with corona virus. Subsequently he died on 19.02.2020. Thereafter, the corporation officials and the Revenue officials took steps for burial and took the body was taken to Kilpauk Cemetery. At that time, the petitioners along with other local residents, unlawfully gathered, protested and refused to allow the burial of Dr.Simon’sbody. Despite the Government officials and the police officials informed them about the promulgation of Section 144 as well as the directions issued by both the Central Government and the State Government about the protocol to be followed during Covid-19, they continued to protest and ultimately stalled the officials from burying the body of Dr.Simon. In fact, the officials were forced and chased away from the Kilpauk Cemetery. Thereafter, the body was taken to another burial ground for burial. Hence, the complaint.
6. The contention of the learned Counsel for the petitioners is that the petitioners are local residents, living near the burial ground. They are not educated and worldly wise. On the date of occurrence, a news was spread among them that a body of person who died from Corona deadly virus is to be buried near their resident cemetery without taking any precautions, they apprehended the virus would spread and affect the local residents. Believing the news, the local residents questioned the same and demanded clarification. But without giving any explanations, the Government Officials taken away the body and the local residents disposed from that place. Thereafter, several of the local residents were wantonly picked up by the police and taken to the police station. When the petitioners questioned the same, they were also detained by the police and made as accused in this case. He further submitted that the petitioners have been suffering incarceration and hence, he seeks for grant of bail to the petitioners.
7. The learned Additional Public Prosecutor submitted that the officials were not allowed to discharge their duties and that the body of Dr.Simon was not allowed to bury at the Kilpauk Cemetery. They forced and chased away the officials. Despite the explanations given by the officials, the residents were adamant and not allowed to bury the doctor’s body and forced the officials to retreat and bury the body in other Cemetery. Their acts are offensive. The petitioners involvement was tracked after thorough verification from CCTV footages and by local enquiry, thereafter only the petitioners were arrested. It is further submitted that two FIRs
