LAWS(MAD)-2013-7-10

STATE OF TAMIL NADU Vs. GANESAN

Decided On July 04, 2013
STATE OF TAMIL NADU Appellant
V/S
GANESAN Respondents

JUDGEMENT

(1.) This writ appeal has been directed as against the order of the Writ Court, dated 1.2.2012 in W.P.(MD) No.187 of 2011, whereunder the Court had directed the State/first Appellant to pay Rs.10,00,000/- as compensation to the respondents/writ petitioners for the loss of life of their son Irulaiya in a bomb explosion in a State owned Transport Corporation bus.

(2.) During the third week of May, 2009, there was news that Velu Pillai Prbakaran, L.T.T.E. Supremo has been killed in army action in Sri Lanka. There were agitations in various parts of the State. Under these circumstances, on 20.5.2009, son of the writ petitioners travelled in the State Transport Corporation bus TN-33-N-2155. At about 2 p.m., near the Panchayat Office in Thiruppuvanam in Sivagangai District, certain persons have hurled petrol bombs into the bus. In the explosion, three persons sustained injuries. One of them is Irulaiya. They were rushed to the Government Hospital. In connection with this untoward incident, the police registered a case in Crime No.216 of 2009 under Section 3(1) of TNPPDL Act. On 23.5.2009, Irulaiya succumbed to the injuries. Thus, Sections 323, 324 and 302 IPC were also added. In the course of investigation, Siruthai Selvam @ Selvakumar, Jeyaraj and Kani, members of 'Viduthalai Siruthaigal Party' were nabbed. On completion of investigation, police filed Final Report against them in the Court of Judicial Magistrate, Manamadurai. The learned Judicial Magistrate took cognizance of the case in P.R.C.No.13 of 2010. On committal, the learned Sessions Judge, Sivagangai took cognizance of the case in S.C.No.3 of 2011.

(3.) Alleging failure on the part of the police in protecting the life of their son, the parents of the deceased have filed the writ petition seeking compensation. At the relevant time, the deceased was 26 years old. He is their only son. He studied upto S.S.L.C. He was a coolie.