IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 31.07.2025 CORAM THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN Crl.A.Nos.716, 722 and 723 of 2023 Jeeva (Jeevanandham) ... Appellant /Accused No.2 in Crl.A.No.716 of 2023 Gowtham (Kawataiyan) ... Appellant /Accused No.3 in Crl.A.No.722 of 2023 Gopal (Balan) ... Appellant /Accused No.1 in Crl.A.No.723 of 2023 Vs.

State represented by Inspector of Police C-1, Kattoor L&O Police Station Coimbatore.

(Crime No.294 of 2018) ...

Respondent/Complainant in all the Crl.A's.

Common Prayer:- Criminal Appeals filed under Section 374 (2) of Cr.P.C., to set aside the common judgment passed in S.C.No.62 of 2021 dated 12.06.2023 on the file of the Sessions Court for Trial of Bomb Blast Cases, Coimbatore.

For Appellant in Crl.A.No.716 of 2023 : Mr.S.Doraisamy for Mr.V.Elangovan For Appellant in Crl.A.No.722 of 2023 : Mr.S.Doraisamy for Mr.KA.Prabaharan For Appellant in Crl.A.No.723 of 2023 : Mr.S.Doraisamy For Respondent in all Crl.A.'s : Mr.S.Raja Kumar Additional Public Prosecutor

COMMON JUDGMENT

These criminal appeals are directed against the judgment passed in S.C.No.62 of 2021 dated 12.06.2023 on the file of the Sessions Court for Trial of Bomb Blast Cases, Coimbatore, thereby convicting the appellants for the offence punishable under Section 120(B) of IPC r/w 4(a) of Explosive Substances Act and Section 4(a) of Explosive Substances Act.

2. The case of the prosecution was that the accused are members of Periyar Dravida Party and they used to participate in all the protest conducted by Periyar Dravida Party. While being so, after demolition of Lenin statue in Tirupura, a BJP leader announced that Periyar Statue in Tamil Nadu would be demolished. Therefore, Periyar Dravida Party preferred a complaint against him before the Commissioner of Police. Thereafter, a member of that state political party had demolished a statue and as such, the accused in that regard, conspired together to take revenge and they decided to manufacture petrol bombs and throw it on that political party office situated at in VKK Menon road to show their protest. In continuation of their conspiracy, on 07.03.2018, at about 03.15 a.m., the accused came by their two wheeler with petrol bombs and threw them in the office of the political party after lighting fire on them. The said petrol bomb was made up in a liquor bottle measuring 180 ml. It fell on the Tirupathi Travels Board and exploded. They also had thrown the petrol bombs on the road where an auto was standing and it was also exploded. Hence, the complaint. On the receipt of the said complaint, the respondent registered FIR in crime No.294 of 2018. After completion of investigation, they filed final report and the same was taken congnizance by the trial court for the offence punishable under Section 120(B) of IPC r/w Section 4(a) of Explosive Substances Act and Section 4(a) of Explosive Substances Act.

3. In order to bring the charges to home, the prosecution had examined PW1 to PW22 and marked Ex.P1 to Ex.P26. The prosecution also produced ten material objects as MO.1 to MO.10. On the side of the accused, they had marked Ex.D1. On perusal of oral and documentary evidences, the trial court found the accused guilty for the offence punishable under Section 120(B) of IPC r/w Section 4(a) of Explosive Substances Act and they have been sentenced to undergo seven years rigorous imprisonment and to pay fine of Rs.1,000/- each, in default, to undergo six months simple imprisonment. They were also convicted for the offence punishable under Section 4(a) of Explosive Substances Act and were sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs.1,000/- each, in default, to undergo six months simple imprisonment. Aggrieved by the same, the present criminal appeals have been filed.

4. The learned counsels for the appellants submitted that the prosecution failed to prove the charges beyond any doubt and as such, the benefit of doubt goes in favour of the appellants