RAJAMANI AND OTHER Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against the order passed in Crl.M.P.No.1314 of 2018 on the file of the learned Principal Sessions Judge, Tiruppur in Crime No.187 of 2018 on the file of the Inspector of Police, Seyur Police Station, Avinashi Taluk, Tiruppur District.

(2.) The case of the respondent/prosecution is that the defacto complainant belongs to Arunthathiyar Community of Thirumalai goundenpalayam Village. She is working as a cook attached to Nutrition Scheme run by the Government of Tamilnadu in various places. Subsequently, she was transferred to Government High School, Thirumalai goundanpalayam. In pursuant to the transfer, she went to the said School and took charge as Cook. When she was working, the appellants and others came there and objected her for cooking in the said school on the ground that the defacto complainant belongs to Arunthathiyar Community and that their children would not consume food cooked by her and that, they had objected on the ground of un-touchability and abused her in unparliamentary language by calling her caste name and also threatened her with dire consequences. Hence, the defacto complainant had lodged a complaint against the appellants.

(3.) However, the learned counsel appearing for the appellants would submit that the appellants are innocent and they have not committed any offence as alleged by the prosecution case. The defacto complainant's husband is an AIADMK functionary in the village. When the Government High School was constructed in place earmarked for that purpose at Thirumalai goundenpalayam, he strongly objected to it and a wordy quarrel erupted between the villagers and him and further, he used to cheat the people in connection with the welfare measures announced by the Government and this was objected by the villagers. After assuming office as a Cook, the defacto complainant cooked the food and when she was serving to the students, she insulted them by saying that though they belong to upper caste community, they have to take the food prepared by her and some students were also threatened and the matter was brought to the knowledge of the authorities. However, the defacto complainant taking advantage of her caste has lodged the false complaint against the appellants and others. The learned counsel for the appellants would further submit that the appellants 1 and 2 were arrested on 05.08.2018 and 29.07.2018 respectively and remanded to the judicial custody and they are inside the jail for more than 30 days without committing any offence and they did not have any bad antecedents. However, the learned trial Judge without considering the above said facts, had dismissed the petition filed by the appellants in C.M.P.No.1314 of 2018. Aggrieved against the above said order, the present Criminal Appeal has been filed by the appellants for the aforesaid prayer.