‘Human life more valuable than those of birds’
However, one of the victims, the defacto complainant Kumar, objected to bail and submitted that some unknown people had reached them, attempting to tamper with the witness to fizzle out the case of its rigor.
Madras High Court
CHENNAI: Holding that the murder-accused valued the life of birds more precious than the deceased only because the latter was from a deprived and marginalised community, the Madras High Court refused to grant bail to the accused allegedly having murdered a person for hurting hens and cocks.
Justice Nirmal Kumar wrote that granting bail in cases under the SC/ST Act cannot be on the ground of the period of detention or the stage of investigation.
“It has to consider the gravity and nature of the offense while dismissing the appeal-seeking for bail. The appellant along with other accused committed gruesome murder by tying the innocent persons for injured hens and cocks,” read the judgment.
The appellant K Selvakumar, booked in a murder case, along with 7 others, sought the HC to set aside the special court’s order denying him bail. He sought bail on the grounds that he has already been incarcerated for more than 60 days and that it was granted to the others as they were incarcerated in jail for more than 50 days.
However, one of the victims, the defacto complainant Kumar, objected to bail and submitted that some unknown people had reached them, attempting to tamper with the witness to fizzle out the case of its rigor.
Lavanya Thirumalai, appointed as legal aid counsel for the defacto complainant, pointed out that the accused in this case were influential persons belonging to the dominant community with muscle and political power. “They are trying to con the court by colluding with the persons entrusted with the duty of safeguarding victims from oppression. All have joined hands with the offenders and facilitated them to get bail,” she submitted.
The prosecution had submitted that on December 27 last year, the defacto complainant and his uncle Sengottaiyan were hunting birds using a slingshot. While doing so, some stones hit the hen and cocks in the property of the appellant.
Later, the accused threatened and abused them by calling their caste name, though the defacto complainant and Sengottaiyan explained and reasoned out to him. However, the appellant and other accused tied them using a nylon rope in a tree and beat them mercilessly for more than an hour.
Due to the injury, Sengottaiyan died and it was confirmed by the Udumalaipettai GH. Based on the complaint by the defacto complainant and surviving victim, the police filed a case against 8 accused including the appellant under SC/ST Act.
