High Court · 2025

CRL MP(MD) No. 8288 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2025CORAMTHE HONOURABLE DR JUSTICE R.N.MANJULACRL MP(MD) No. 8288 of 2025 inCRL A(MD) No. 712 of 2025Thirumalaisamy...PetitionerVs.1.The State of TamilnaduRepresented byThe Deputy Superintendent of Police,Puliankudi Sub Division,Tirunelveli District.(Puliankudi Police Station),(Crime No.438 of 2016)2.Muniammal ...Respondents PRAYER : This Criminal Miscellaneous Petition is filed under Section 430 of BNSS,2023/Section 389(1) of Cr.P.C, to suspend the execution of sentence by granting bailin S.C.No.281 of 2025 on the file of the Principal District & Sessions Court, TenkasiDistrict and set aside the judgment dated 11.06.2025 by acquitting the appellant and1/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 8288 of 2025 by allowing the appeal. For Petitioner: Mr.V.Kathirvelu Senior Counsel for Mr.K.Prabhu For R1 : Mr.K.Gnanasekaran Government Advocate(crl.side) ORDERThe Criminal Miscellaneous Petition is filed to suspend the sentence ofimprisonment imposed on the petitioner by the learned Principal District Judge,Tenkasi, in S.C.No.281 of 2025, dated 11.06.2025 and enlarge him on bail pendingdisposal of above appeal.2.The petitioner is the sole accused, who has been charged for the offencesunder Sections 3(1)(r), 3(2)(va) and 3(1)(s) of SC/ST Act and Section 506(i) IPC andSection 4 of TNPHW Act. After the conclusion of trial, he was found guilty for thecharges under Section 3(1)(r) of SC/ST Act and convicted and sentenced to undergoRigorous Imprisonment for a period of one year and to pay a fine of Rs.1,000/- indefault to undergo 1-month Simple Imprisonment. Aggrieved over that, the accusedhas preferred this appeal. 3.As per the case of the prosecution, on 03.12.2016 at about 5:00 p.m., due tosome previous enmity, the accused came to the lands of PW1 and PW2, while they2/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 8288 of 2025 were undertaking some agriculture work and abused them in filthy language bymaking caste remarks and threatened them that he would kill them. 4.The learned counsel for the petitioner submitted that even as per the case ofthe prosecution, the occurrence has not taken place in any public view and it hastaken place in the lands of the complainant and that was ignored by the learned trialJudge. 5. A specific charge has been framed under 3(1)(s) of SC/ST Act and the trialCourt has found the accused not guilty and acquitted. Even the offence under Section3(1)(r) of SC/ST Act should have been committed in the public view, but a differentinterpretation has been made by the trial Court in respect of the offence underSection 3(1)(r) of SC/ST Act, though the appellant has been acquitted under Section506(2) IPC. 6.The defacto complainant, who is present today along with her husband, hasstated that the appellant will be inimical towards her if released on bail. She furtherstated that she may happen to go to the street, where the house of the accused issituated for the purpose of fetching water from the public tap connection, situatedtherein. 7. However, the learned counsel for the petitioner submitted that the petitionerwill not go in the sight of the defacto complainant and he shall not cause any threat3/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 8288 of 2025 either by signs, words or action. 8. It appears that the trial court has granted an interim suspension and the sameis still in subsistence. 9. Though the accused has made out a ground for appeal, there is no possibilityto take up the appeal immediately and also considering the undertaking given onbehalf of the appellant, I feel it is appropriate to suspend the sentence ofimprisonment alone on conditions.10. Accordingly, this petition is allowed and the substantive part of the sentenceof imprisonment alone is suspended on the following conditions:(i) that the petitioner shall execute a bond for a sum of Rs.25,000/- (RupeesTwenty Five Thousand only) with two sureties each for a like sum to thesatisfaction of the learned Principal District and Sessions Judge, Tenkasi; (ii) that the petitioner shall appear before the said Court once in a month (i.e.,on the first working day of every English Calendar month) at 10.30 a.m. tillthe disposal of appeal.11.While hearing the defacto complainant today, this court could hear anincidental lamenting from her that it was difficult to get a little share of water fromthe common water tap situated in the street where the other community peoplereside. Persons who belong to Scheduled caste community have to wait to take their4/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 8288 of 2025 share of little water from the public tap until the water needs of the othercommunities are fulfilled. 12. Natural resources like water is common to all. It is surprising and pathetic tonote in this scientific age, that some communities needs to compete with the othercommunities and stand second in order to get their share from the resourcesdedicated to the public good. Is not the human race one Community? Thoughvarious legislations have been brought to protect the vulnerable sections from theoppressive lot who think they are superior and privileged, things at certain grass rootlevel still remains the same.13. It may not be easier to remove the class or caste mentality in the minds ofcertain individuals that easily. But people in authority cannot be mute spectators andbe indifferent to these tales. Being so, would amount to contributing or subscribing tothese meanness of minds. Nor are they expected to do some stunts for a make beliefthat they are the best Samaritans and that they do something heroic. What is neededis some practical solution and noiseless action. Sometimes the serenity of action is lostin empty noises. Being aware and sensitive of these realities and do things which canbe done in the best of the powers vested in the authorities is the need of the hour. 14. Democracy assures rule of law not the rule of the mighty. A fragile oldwoman of 65 years, laments before this Court that the days have not changed and5/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 8288 of 2025 they are still facing the oppression at the hands of other community even in thematter of sharing of the common resources like water. Water is the elixir of life, andno one can live without water. The entitlement to get uncontaminated good water is avisage of right to life and hence it is a fundamental right. No individual should beallowed to toil their whole of their life to get a hassle free few piles of water and diewithout even enjoying this basic amenity. 15. A litigant who is not able to get drinking water for her living without muchhassles cannot be considered to stand on an equal plank with her adversary. Tocorrect certain flaws or to remedy certain grievances there shall not be any wait.Hence, I am inclined (i) to direct the District Collector, Tenkasi to take appropriate steps to ensurethat such discrimination shall not be the order of the day in the said Thalaivankottaivillage. (ii) to take steps to provide sufficient number of water tap connections withsufficient water supply in all the streets by making it clear those connections are foreveryone’s use, irrespective of their community and no one shall be allowed to takeunduly plenty of water to the detriment or deprivation of the other or claim anyownership that any particular tap belongs to one particular community only.16. Let a copy of this order be sent to the District Collector, Tenkasi forthwith,6/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 8288 of 2025 for compliance.17. Compliance Report by 31.07.2025. Call on 31.07.2025. sd/- 14/07/2025 / TRUE COPY / 15/07/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023. cp/cmTO1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TENKASI.2 THE DEPUTY SUPERINTENDENT OF POLICE, PULIANKUDI SUB DIVISION,TIRUNELVELI DISTRICT.(PULIANKUDI POLICE STATION)3 THE DISTRICT COLLECTOR, TENKASI.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRASHIGH COURT, MADURAI. ORDER IN CRL MP(MD) No. 8288 of 2025 inCRL A(MD) No. 712 of 2025 Date :14/07/2025NBF/SAR- /15/07/2025/ 7P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7