B. GEETHA Vs. S. RENUKA

JUDGEMENT

(1.) In view of commonality of issue involved, these Criminal Original Petitions are considered and decided by this common order.

(2.) The genesis of the case as projected by the petitioner has been set out in paragraph Nos.2,3,4 and 5 of the petitioner's affidavit in Crl.O.P.No.5887 of 2015, which runs as under :

(3.) Per contra, the genesis of the case as projected by the police has been set out in paragraph No.6 of the counter affidavit of the 2 nd respondent in Crl.O.P.No.5887 of 2015 and the same is as follows : I submit that the 2 nd petitioner, who is the brother of the 1 st petitioner drove the two-wheeler in a rash and negligent manner and crossed the vehicle of Head Constable Ramalingam as if dashed against the vehicle. The said Head Constable asked him why you have driven like this and also advised him that if any accident takes place there will be a danger to him. Suddenly he ridiculed the Head Constable that they will drive the vehicle only that way and abused him with filthy language. When the Head Constable Ramalingam advised him to talk with respect and informed him that he is belonging to the Police Department, immediately, he contacted the 1 st petitioner through cell phone and the 1 st petitioner rushed to the spot any without enquiring anybody, the 1 st petitioner asked the Head Constable, why he had stopped his brother's vehicle and abused the Police Department in vulgar words and pushed him. The Head Constable asked the 1 st petitioner why manhandled him without enquiring what had happened. The petitioner threatened him that he is the grandson of Loganathan, who killed the father of the MLA Pushparaj and brother-in-law of Prince Somu of DPI and the entire town is fearing about him. Suddenly, he fisted with his left hand on the right eye brow of the Head Constable and he fallen down. At the time of the fisting, the 1 st petitioner sustained fracture in his left small finger. The 1 st petitioner told his brother (2 nd petitioner herein) that he is the police man and they will not leave us, so close his chapter and the petitioner attempted to murder him by pressing his leg on the neck of the Head Constable. The 2 nd petitioner and another person, who accompanied him kicked with legs on fallen Head Constable. After seeing Tr.Sakthivel, Grade I Constable attached to the Villupuram West Police Station and after gathering of public they escaped from the spot. After getting the treatment the said Ramalingam lodged a complaint and the then Inspector of Police, Villupuram West Police Station registered a case in Crime No.667 of 2008 u/s 332, 294(b), 323, 307 IPC on 23.11.2008.