SATHISHKUMAR Vs. MOORTHY

JUDGEMENT

(1.) The petitioners, who were arrested on 13/9/2022 and remanded to judicial custody on 14/9/2022 for the offences punishable under Ss. 143, 188, 341, 448, 353, 186, 427 and 506(i) IPC and Sec. 3(1) of TN Public Property (Prevention of Damage and Loss) Act, 1992, in Crime No.186 of 2022 on the file of the respondent Police, seek bail.

(2.) The case of the prosecution as per the de-facto complainant, who is the Assistant Commissioner, Vellore Corporation, is that the accused, who are the Members and Office bearers of BJP,totalling 150, assembled unlawfully under the leadership of the District President Manoharan (1st Petitioner in Crl.O.P.No.23125 of 2022) trespassed into the Corporation Office by causing damage to the barricade and they have also caused damage to the flower pots and threatened the de-facto complainant with dire consequences. Hence the complaint.

(3.) The learned counsel appearing for the petitioners would submit that the petitioners are the Members of the Opposition Party and they have conducted a protest in a democratic manner against certain corruption activities done in respect of the smart city project and thereby, in order to curtail their democratic activities, a false complaint has been foisted as against the petitioners. He would also submit that other than conducting the democratic protest, the petitioners have not done anything and the petitioners were arrested on 13/9/2022. The learned counsel would further submit that the alleged damage is stated to be rupees three thousand and without prejudice, the first accused/ Manoharan, District President of the Bharathiya Janatha Party, Vellore, is prepared to deposit a sum of Rs.3000.00 to the credit of the crime number. Hence, he prays for grant of bail to the petitioners.