Kanakaraj v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR and Crl.M.P.Nos.10612 & 10614 of 2026

1. Kanakaraj S/o Krishnasamy, residing at 2/85, Kuralkuttai, Udumalpet Taluk, Tiruppur District.

2. Baladandapani s/o Angamuthu residing at no. 9/60, Marulpatti Village, Udumalpet Taluk, Tiruppur District.

3. Umamaheswari w/o Eswaran residing at no. 9/76, Marulpatti Village, Udumalpet, Tiruppur District.

4. Nallammal w/o Ramalingam residing at no. 9/368, Marulpatti Village, Udumalpet, Tiruppur District.

5. Amsaveni w/o Karuppusamy residing at no. 9/79, Marulpatti village, Udumalpet, Tiruppur District.

6. Kannammal w/o Subramani residing at no. 12/13, Marulpatti Village, Udumalpet Taluk, Tiruppur District.

7. Andal w/o Dhandapani residing at no. 9/11, Marulpatti village, Udumalpet taluk, Tiruppur District

8. Poonkodi w/o Muthukumar residing at no. 9/55, Marulpatti village, Udumalpet Taluk, Tiruppur District.

9. Eswari w/o Senthilkumar residing at no. 9/163 Marulpatti, Udumalpet Taluk, Tiruppur District.

10.Revathi w/o Satheshkumar residing at no. 9/160, Marulpatti village, Udumalpet taluk, Tiruppur District.

11.Sampurnam w/o Nagaraj residing at Marulpatti Village, Udumalpet Taluk, Tiruppur District 12.Sumathi w/o Eswaran residing at No. 9/170, Marulpatti, Udumalpet Taluk, Tiruppur District.

13.Jamala w/o Rajan, residing at Marulpatti Village, Udumalpet Taluk, Tiruppur District 14.Ponni w/o Sakthivel Residing at Marulpatti village,

Udumalpet Taluk, Tiruppur District.

..Petitioner(s) Vs.

1. The State Rep By, The Inspector of Police The Inspector of Police, Udumalpet Police Station, Udumalpet, Tiruppur District

2. K. Ananthakrishnan Sub-Inspector of Police, Udumalpet Police Station, Udumalpet, Tiruppur District ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to call for the records and quash the final report in C.C No 445 of 2025 dated 03-082020 pending trial on the file of the Judicial Magistrate No-I, Udumalpet and pass such further or other orders.

For Petitioner(s):

Mr.Adithya Varadarajan For Respondent(s):

Mr.A.Amarnath Counsel for Government of Tamilnadu (Criminal Side) For R1

ORDER

This Criminal Original Petition has been filed to call for the records and quash the final report in C.C. No.445 of 2025 dated 03.08.2020 pending trial on the file of the Judicial Magistrate No-I, Udumalpet.

2. The case of the prosecution is that the petitioners had organised a protest on the Udumalpet-Kolumam Road at Marulpatti Village in violation of

the prohibitory orders promulgated under Section 144 Cr.P.C. Based on the complaint lodged by the second respondent, an FIR in Crime No.1356 of 2020 was registered against the petitioners for the alleged offences under Sections 143, 341 and 269 of the IPC. Challenging the said prosecution, the present Criminal Original Petition has been filed.

3. The learned counsel for the petitioners submitted that the first and second petitioners are office bearers of a political party, namely, the Communist Party of India (Marxist). It was submitted that on 03.08.2020, at about 11.30 a.m., the petitioners, along with about 12 women supporters, organised a protest on the Udumalpet-Kolumam Road at Marulpatti Village, allegedly in violation of the prohibitory orders issued under Section 144 Cr.P.C. during the COVID-19 pandemic.

4. The learned Government Advocate (Criminal Side) appearing for the first respondent submitted that, in view of the COVID-19 pandemic, prohibitory orders under Section 144 Cr.P.C. had been promulgated by the Government. Despite being warned by the respondent police not to conduct the protest, the petitioners proceeded with the demonstration, thereby violating the prohibitory orders and allegedly endangering public health. Consequently, the complaint came to be registered against them.

5. Heard the learned counsel for the petitioners and the learned counsel for Government of Tamilnadu (Criminal Side) appearing for the first respondent and perused the materials available on record.

6. The allegations against the petitioners are that they had participated in a protest in violation of the prohibitory orders promulgated under Section 144 of Cr.P.C., during the COVID-19 pandemic. Except for the allegation that the petitioners had assembled and conducted the protest without prior permission, there are no specific allegations to attract the ingredients of the offences under Sections 143, 341 and 269 IPC. There is no material to show that any person was wrongfully restrained or that the petitioners had committed any act which was likely to spread Covid - 19 disease. Further, the protest appears to have been peaceful in nature and there is nothing on record to indicate that it resulted in any untoward incident or public disorder. In the absence of the essential ingredients constituting the alleged offences, permitting the prosecution to continue would amount to an abuse of the process of law.

7. Accordingly, this Criminal Original Petition is allowed and the proceedings in C.C. No.445 of 2025 on the file of the Judicial Magistrate No.I, Udumalpet, is hereby quashed. Consequently, the connected miscellaneous petitions, if any, are closed.

25-06-2026 Index: Yes/No Speaking/Non-speaking order JER To

1. The Judicial Magistrate No-I, Udumalpet.

2. The Inspector of Police Udumalpet Police Station, Udumalpet, Tiruppur District

3. The Public Prosecutor High Court of Madras.

M.NIRMAL KUMAR, J.

JER 25-06-2026