HC grants bail to 12 involved in preventing Dr Simon’s burial
CHENNAI: Observing that the local residents, including the accused, were scared by the rumours about the spread of the deadly virus, the Madras High Court granted bail to 12 persons who were arrested and detained in judicial custody for preventing the burial of Dr Simon Hercules who passed away last month after testing positive for COVID-19.
Allowing the bail applications after imposing certain conditions, Justice M Nirmal Kumar said, “If the authorities had informed in advance about the procedure of burial and the precaution measures followed by them, the local residents’ apprehension about the spread of virus would have been dispelled and such protest would not have occurred. Further, the burial was at odd hours.”
The prosecution had submitted that the officials were not allowed to discharge their duties and that Dr Simon’s body was not allowed to be buried at the Kilpauk cemetery. The protesters forced and chased away the officials, said the prosecution, adding that the residents were adamant and resisted the burial of the doctor’s body despite the explanations given by the officials. They also forced the officials to retreat and bury the body in another cemetery.
Also, pointing out that petitioners were arrested only after thorough verification from CCTV footages and by local inquiry, the prosecution submitted that two FIRs have been registered – one pertaining to the protest of burial of the doctor’s body in Kilpauk cemetery and the other registered by the Anna Nagar police against the protesters for obstructing and damaging the vehicles.
Several persons have been arrested and remanded in both the cases, of which 14 persons have been detained under Goondas Act for being in the forefront in spreading the rumour and gathering the people. As far as these petitioners were concerned, there was no such proposal against them, said the prosecution advocate. However, he opposed the bail terming that their acts were offensive.
Pointing out that petitioners were arrested only after thorough verification of CCTV footages and local inquiry, the prosecution submitted that two FIRs have been registered