The Madras High Court passed a judgement on 22nd of December, 2022 granting bail to the four, who were allegedly involved in the demolition of a 400-year-old structure in temple premises. This was seen in the case of Sankar v. The State (Crl.O.P.Nos.7132 & 7185 of 2023) and the case was presided over by The Honourable Mr. Justice A.D. Jagadish Chandira
FACTS OF THE CASE:
The petitioners were arrested and remanded to judicial custody for offences punishable under Sections 147, 447, 294(b), 353 of IPC r/w Section 3(1) TNPPDL Act. They later sought bail for the same. The petitioners, who are government officials, had trespassed into temple premises where the revenue officers were trying to remove illegal encroachers from. In the process, the former had destroyed 400-year-old structures in the area. They were arrested based on a complaint given by the Assistant Commissioner (Hindu Religious and Charitable Endowment Trusts) of Arulmigu Arunachalaeswarar Kovil.
JUDGEMENT:
The petitioners contended that the ownership of the complainants of the original suit to the structure was doubtful. The court appointed an Advocate Commissioner to check the facts of the case on demolition. The State had submitted that the demolition happened while removing the encroachers. The Advocate Commissioner in her report expressed that the claim was not believable.
The learned single judge after listening to the contentions, granted bail to the petitioner and they have to execute a separate bond for a sum of Rs.15,000/- with two sureties each. The court also directed the parties to appear before the Esplanade Police Station every day.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA
