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2014 DIGILAW 2816 (MAD)

Siva v. State, rep. by the Inspector of Police, B-2 Police Station, Kancheepuram

2014-08-22

P.DEVADASS

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Judgment Petition for bail in Crime No.610 of 2014. 2. Offences alleged are under Sections 147, 341, 188, 332 of IPC r/w 7(1)(a) of CLA Act and 3(1) of TNPPDL Act. 3. According to the learned counsel for the petitioners, petitioners have agitated in connection with certain issues relating to their employment. In the circumstances, they were implicated in this case. And they were jailed. They are ready to co-operate with the investigation agency. They will not abscond. 4. Learned Public Prosecutor submitted that on the eve of Independence Day they have protested near the Collectorate, raising slogans. Learned Public Prosecutor also added that some of them have furnished bogus names and addresses. 5. Mr. Chandrasekar, the learned counsel for the MNC Management submitted that the petitioners are schemy. They wish to avert disciplinary action for their violent behavior by furnishing false names. Such persons shall not be shown any indulgence. 6. I have anxiously considered the rival submissions. 7. It was a facet of clash between Capital(Management) and Labour(workmen). Management would say it is interested in enforcing strict discipline. The Labours would say that it is dictate of the proletariat. That is how the clash between the Master and Servant is going on. 8. But an harmonious solution can be arrived at the negotiation table. It is collective bargaining. But, all depends on the strength and weakness of the Union and the Union leaders. There were simmering discontentment between the workers and the management of the Corean MNC in Sriperumpudhur. 9. Collectorate is an embodiment of Governmental power in a District. It is a place to present memorandum etc. It is alleged that on 15.8.2014, petitioners have gone to the Collectorate, when the Officials were engaged in Independence Day celebrations, they have raised slogans and issued pamphlets as part of their agitation. It has been pointed out by the learned counsel for the petitioners that it was at a distance from the Collectorate. 10. The women workers/agitators were nabbed, by way of preventive measure, they were arrested under Section 151 Cr.P.C. and they were let off. 11. The Special Sub Inspector filed complaint as to their slogans shouting and certain activities committed by the petitioners and others. They were all arrested. They were taken in police van. It is alleged that inside the van also they have raised slogans. 12. It was an huge crowd of agitating workers. 11. The Special Sub Inspector filed complaint as to their slogans shouting and certain activities committed by the petitioners and others. They were all arrested. They were taken in police van. It is alleged that inside the van also they have raised slogans. 12. It was an huge crowd of agitating workers. Naturally, they have mob culture. Individually, their culture will be different. They cannot be gaged. Their mouth cannot be shut. This is a common phenomena. Really it would be an herculean task for the police to control, tackle them, to take them to Court and to the Prison. Two constables have sustained minor injuries. They were treated as out-patients. 13. The nucleus of the case is labour problem. If not properly addressed or tackled, it will be an eternal problem. These matters cannot be solved by use of police force. The Labour leaders are also responsible for this unsavory incident. The workers are dumb driven cattle. Leaders must be responsive, they must lead the workers on proper path(way) and achieve their objective in a democratic way. 14. The learned Public Prosecutor pointed out that some of the petitioners have furnished false names and addresses to the police and that have crept in the police records. 15. The learned counsel for the intervenor reasoned that it is because of the fact that they wanted to avoid disciplinary action. 16. The learned counsel for the petitioners submits that the petitioners will not abscond. They are ready to cop-operate with the investigation agency. Any discrepancy in the name of the said petitioners will be rectified and for that matter they may not be jailed further. 17. Petitioners only knows their problem. Everyone wish to avoid drastic action. And thus adopts some tactics. One thing is clear that these persons cannot be treated as hardend criminals. They did not possess any lethal weapons. Police or public or public officials are not their enemies. They have their grievance with their management. Petitioners are also in jail for a considerable period. 18. In the facts and circumstances, I am inclined to grant them bail. 19. Ordered as under:- (i) Bail granted to the petitioners. (ii) Petitioners shall be released on their own bond for Rs.5,000/-(Rupees five thousands only) each to the satisfaction of the Superintendent, Central Prision, Vellore; (iii) Petitioners shall report before the respondent police as and when required for interrogation. In the facts and circumstances, I am inclined to grant them bail. 19. Ordered as under:- (i) Bail granted to the petitioners. (ii) Petitioners shall be released on their own bond for Rs.5,000/-(Rupees five thousands only) each to the satisfaction of the Superintendent, Central Prision, Vellore; (iii) Petitioners shall report before the respondent police as and when required for interrogation. (iv) Those petitioners who have given distorted version of their names, address etc, on summons from the Investigation Officer, shall appear before him and furnish their correct names and addresses with Ration Cards, Company Identity Cards and Voter I.Ds. etc.