COIMBATORE: An auto driver was arrested by the Karumathampatti police on Friday for conspiring to topple the State government. However, their charges failed to withstand the scrutiny of the magistrate, resulting in the release of the driver. Meanwhile, auto driver R Boobalan claimed that the case was foisted on him to wreak personal vendetta as he had rubbed a policeman the wrong way recently.
According to the FIR, Boobalan (31), a native of Tirunelveli and residing at Vinoba Nagar Karumathampatti in Coimbatore district, was standing under the flyover on Avinashi road on Friday morning when a police team from the Karumathampatti police station caught him on suspicion. Later, he was booked under section 7(1) (a) of Criminal Law Amendment Act and placed under preventive arrest.
Initially, the police had mentioned that the person confessed to having conspired to topple the State government, resulting in the police slapping a case under key law and order maintenance sections. Later, the FIR was manipulated with a pen to alter the content to depict him having conspired to topple the government.
However, when Boobalan was produced before a magistrate on Friday night, the case fell flat on its face. “Police took me to the station on Friday morning claiming they had to get a signature for a previous hurt case. They made me wait at the station until night and did not allow me to go out even to have food. Until they produced me before the magistrate, I did not know why I was arrested. Fortunately, I was released as the magistrate found no prima-facie evidence to warrant arrest. The police personnel were issued a warning. They wanted to trap me,” said Boobalan.
Meanwhile, Karumathampatti police inspector S M Shanmugam said they did not produce the suspect before the magistrate. “Boobalan was involved in two other hurt cases, so we had listed him under the rowdy category and booked him on section 7(1) (a) of CLA Act. He was later released on station bail,” said Shanmugam.
However, legal experts did not buy the police version saying the sections he was booked under were non-bailable, meaning Boobalan could not have been released on station bail. “Only a court or a magistrate can grant bail to suspects booked under such sections. It is evident that police made a mistake and tried to foist cases on an innocent man. Their alterations in the FIR copy is indicative of a fabrication attempt,” said Boobalan’s advocate A Rajesh.
Boobalan claimed that the case was a fallout of a clash he had with a relative of a sub-inspector of the station over an accident. Though they booked cases against both the sides, Boobalan claimed that he had been targeted by the men in khaki ever since.
Meanwhile, Superintendent of police Sujith Kumar justified the action saying they were placing certain people listed under rowdy category in preventive arrest to maintain law and order.
“As part of the drive, the person could have been arrested by the police. To slap cases under 7(1) (a) of CLA Act, a strong reason is needed, which might have led to invoking the conspiracy angle. I will investigate the person’s claims of police targeting him over personal reasons,” he said.
Lawyers demur
Legal experts didn’t agree saying the sections he was booked under were non-bailable, meaning Boobalan could not have been released on station bail