Madras High CourtCRL OP/9525/2019disposed of

Fr.Jacob v. The Inspector Of Police

2019-04-09Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.9525 of 2019 Fr. Jacob ... Petitioner -vs1. The State of Tamil Nadu represented by The Inspector of Police Taluk Police Station, Chengalpattu,

2. The Sub Collector, Chengalput Taluk,

3. The Thasildar, Thirukalikunarm Taluk,

...Respondents/Complainant

Prayer:- Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents to permit Fr. Yesumarian, Fr. Jacob, Fr. Rejis, Mani, Victor, Azhagesan, Micheal, Vincent, Rangan, Ramasamy, Sampath, Royappan, Govindan, Thambiran and Chinnappan along with the Christians of that village to go to the Top of Hillock-Grotto in S.No.184/2, Alagusamuthiram Village on 14.04.2019 from 8.A.M. to 10.30.A.M. and on 19.04.2019 from 2 P.M. to 5 P.M. for prayer on the eve of Christians festival days.

For Petitioner : Mr. Selvi George For Respondents : M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents to permit Fr. Yesumarian, Fr. Jacob, Fr. Rejis, Mani, Victor, Azhagesan, Micheal, Vincent, Rangan, Ramasamy,

Sampath, Royappan, Govindan, Thambiran and Chinnappan along with the Christians of the village to enter to the Top of HillockGrotto in S.No.184/2, Alagusamuthiram Village on 14.04.2019 from 8.A.M. to 10.30.A.M. and on 19.04.2019 from 2 P.M. to 5 P.M. for prayer on the eve of Christians' festival days.

2. The learned counsel for the petitioner would submit that the petitioner and others were filed charge sheet in C.C. No.225 of 2017 and C.C. No.282 of 2017 for the alleged offence under Section 143, 188 and 447, 294(b), 353 of I.P.C. by the first respondent and the same was quashed by order dated 06.12.2018 of this Court in Crl. O.P. No.26985 of 2018 and Crl. O.P. No.27060 of 2018. Now, the petitioner has given a representation dated 26.03.2019 to the respondents seeking permission to enter in S.No.184/2 Alagusamuthiram Village along with the Christians of the village on the eve of Christians' festival days. As the representation has not been considered by the respondents, the petitioner has filed the present petition.

3. In view of the above, without going into the merit of the case, the third respondent is directed to consider the representation dated 26.03.2019 submitted by the petitioner immediately after conducting enquiry and hearing the counter party on or before 13.04.2019.

4. Accordingly, the petition is disposed of with the above direction.

lbm Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The State of Tamil Nadu represented by The Inspector of Police Taluk Police Station, Chengalpattu, Kancheepuram District.

2. The Sub Collector, Chengalput Taluk,

3. The Thasildar, Thirukalikunarm Taluk, 4.The Public Prosecutor, High Court of Madras, Chennai +1cc to Mrs.Selvi George, Advocate, SR.No.334932 CRL.O.P.No.9525 of 2019 Kak(10/04/2019)