Document Fragment View

Matching Fragments

9.i) In Crl.O.P(MD)No.12400 of 2020, the case of the prosecution is that on 10.12.2012, the protestors staged a protest by laying siege through sea by the boats and thereby committed the abovesaid offences. https://www.mhc.tn.gov.in/judis/ Crl.O.P.(MD)Nos.12357, 12400, 12402, 12403 and 12405 of 2020 Based upon the complaint given by the Inspector of Police, Koodangulam, the case in Crime No.404 of 2012 has been registered and after completion of investigation, final report has been filed before the District Munsif cum Judicial Magistrate, Radhapuram, for the offences punishable under Sections 143, 147, 148, 149, 291, 294(b), 353, 447, 500, 506(ii) IPC, Section 2(13-d) of the Official Secrets Act, 1923 and Section 5 of Tamil Nadu Marie Fishing Regulation Act r/w 120(b) IPC.

9.iii) Further, in the counter it is stated that The petitioner is involved in cases in Crime Nos.222 of 2013, 369 of 2012, 332 of 2012 and 300 of 2012, 228 of 2012, 206 of 2012 and 136 of 2012.

9.iv) In Crl.O.P(MD)NO.12400 of 2020, as mentioned earlier, the case of the petitioner is that he was not available in the place of occurrence at the time of occurrence. As pointed out by the learned Additional Public Prosecutor, it cannot be considered at this stage and https://www.mhc.tn.gov.in/judis/ Crl.O.P.(MD)Nos.12357, 12400, 12402, 12403 and 12405 of 2020 alibi cannot be taken unless the same is proved. The offences alleged in this case are Sections 143, 147, 148, 149, 291, 294(b), 353, 447, 500, 506(ii) IPC, Section 2(13-d) of the Official Secrets Act, 1923 and Section 5 of Tamil Nadu Marie Fishing Regulation Act r/w 120(b) IPC.

10.i) In Crl.O.P(MD)No.12402 of 2020, the case of the prosecution is that on 24.12.2012, the petitioner along with other person assembled at 1.00 p.m near St.Lourdhu Madha Church, Idinthakarai and shouted slogans against Koodangulam Power Plant when prohibitory order under Section 144 Crl.P.C was in force and also burned the effigy of the President Viladiyir Pudin and also raised the slogans against him and from there they started a procession and reached another place namely Arch in Indinthakarai and they also burned the flags. Based upon the complaint given by the Inspector of Police, Koodangulam, the case in Crime No.405 of 2012 for the offences under Sections 147, 148, 123(e), 153(A), 291 IPC altered into Sections 147, 188, 153(A) 291 IPC was filed. After completion of investigation, charge sheet has been filed before the concerned court namely, the Judicial Magistrate, Radhapuram it was taken on file in C.CNo.94 of 2016.

15. Crl.O.P(MD)No.12402 of 2020 is filed with reference to the protest that took place on 24.12.2012. In the final report it has been stated that at about 1.00 p.m on the abovesaid date the protest near Idinthakarai near St.Louis Madha Church violating the prohibitory order they burned the effigy of the President Viladiyir Pudin and they also burned the flags and no specific overt act has been attributed against this petitioner in the final report. More over, mere raising of slogans will not amount to offence under Section 153(A) IPC. In the facts and circumstances, Section 291 IPC is not attracted in the absence of allegations against this petitioner. Mere general allegations will not attract the ingredients of the offences mentioned in the final report. Hence, the case in C.C.No.94 of 2020 is liable to be quashed and accordingly, the same is quashed.