Madras High CourtCRL OP(MD)/4769/2022allowed

Subbulakshmi v. The Sub Divisional Administrative Magistrate

2023-07-25Honourable Mr Justice G.Ilangovan46 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 27.03.2023 Delivered On: 25.07.2023

CORAM:

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).Nos.4769, 5287, 11776, 14796, 15801, 16091, 16172, 18301, 18302, 18303, 18304, 18305, 18337, 18338, 18339, 18340, 18341, 18648, 18649, 18650, 18651, 18652, 18653, 19104, 19456, 19554, 20163, 20201, 20253, 20256, 20411, 21837 and 22282 of 2022, 2340, 3265, 3514, 3745, 3283, 3793, 4079, 4636, 4829, 4836, 4933, 6082, 6084, 6087, 6100, 6233, 6306, 6477, 6692, 7419, 7884, 7893, 8136, 9352, 9619, 9689, 10220, 10293, 10008, 10021, 10033, 10036, 10042, 10045, 10883, 10861, 11568, 11864 of 2023 and Crl.M.P.(MD).Nos.

Cause Title in Crl.O.P.(MD).No.4769 of 2022 1.Subbulakshmi 2.Esakkiammal 3.Angappan 4.Nainar 5.Sorimuthu 6.Chinnadurai 7.Anbu ... Petitioners/ B Party Vs.

1.The Sub Divisional Administrative Magistrate, cum Revenue Divisional Officer, Tirunelveli.

... 1st Respondent 2.The Inspector of Police, Seevalaperi Police Station, Tirunelveli District.

... 2nd Respondent/Complainant 3.Balasubramanian 4.Arumugam 5.Pitchiaya 6.Nellaiappan 7.Mahesh 8.Muthukrishnan 9.Ayyadurai ... Respondents 3 to 9/ A Party PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the impugned order in A5/M.C.01/2022 (107) dated 01.03.2021 on the file of the Sub 2/46

Divisional Administrative Magistrate cum Revenue Divisional Officer, Tirunelveli and quash the same.

For Petitioner : Mr.S.Sundarapandian For Respondents : Mr.R.Suresh Kumar for R1 & R2 Government Advocate (Crl. Side) COMMON ORDER Section 107 Cr.P.C. reads under:

"107. Security for keeping the peace in other cases

(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

(2) Proceeding under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or 3/46

there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction"

2.A more comprehensive discussion has been made by the Coordinate Bench of this Court in Crl.R.C.(MD).No.78 of 2020, in the case of Devi Vs. Executive Magistrate cum Deputy Commissioner of Police and another, touching upon the history of the evolution of the Section. And the persons who were facing the above said proceedings, which we are not very much concerned here. That case was entirely with regard to the vesting of executive powers with police officials. But, now it has been settled that the proceedings under Section 107 Cr.P.C. is a judicial proceedings. As observed in the the case of Syed Ibrahim and others Vs. Deputy Commissioner of Police Law and Order cum Executive Magistrate, Madurai City, the due process must be followed. So as stated above, notice must accompany a copy of the order made by the Executive Magistrate.

3.In the light of the above said discussion, now let us go to the 4/46

individual cases. Challenging the proceedings/summons issued against the petitioners in all cases, these petitions have been filed. Crl.O.P.(MD).No.4769 of 2022:

The summon reads that in Balamadai Village under the Seevalaperi Police Station limit, after the local body election was over two groups were fighting with each other to claim supremacy. They were arrayed as 'A' party and 'B' party. Information has been received that because of the above said group rivalry, they may cause breach of peace in the local area. So they were called upon to explain as to why they should not be directed to execute a bond for Rs.50,000/-. Except that no other material has been enclosed. It has not been mentioned even the information received from the police regarding the apprehension of breach of peace. Subjective satisfaction is also not recorded. Crl.O.P.(MD).No.5287 of 2022:

Challenging the summon issued by the first respondent, dated 08.02.2022 in M.C.No.16 of 2022, this petition has been filed. The summons reads that the Inspector of Police, Muthukulathur Police 5/46

Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD).No.11776 of 2022:

The summons reads that one Sahaya Vijayan on behalf of the Church purchased the property in S.F.No.316/2A measured about 1.25 acres. And have proposed a crematorium in that place, which was objected by the neighbours. Because of the above said issue a group rivalry arises and they may cause breach of peace. On that ground the information was given by the Inspector of Police, Thattarmadam Police Station. Over which the above said proceedings has been initiated. The rival parties were arrayed as 'A' party and 'B' party. On that ground, they were directed to appear before the first respondent for enquiry. Except the above information no other material has been enclosed or found, 6/46

which does not satisfy the requirement of law. Crl.O.P.(MD)No.14796 of 2022:

The summon reads that information has been received from the Inspector of Police, Sivakasi Police Station, stating that group rivalry existing between two groups of people. Over which, a case in Crime No. 145 of 2022 & 184 of 2022, have been registered against each parties. So they may again create law and order problem and may cause breach of peace in the locality. On the basis of the above said information received from the police proceedings has been initiated. They were directed to appear before first respondent at a specified date and time to answer the above said proceedings. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.15801 of 2022:

directed to appear before the first respondent and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.16091 of 2022:

The summons reads that the Inspector of Police, Parthibanur Police Station, sent an information stating that the petitioners are involved in criminal activities causing breach of peace. On that ground, they were directed to appear before the first respondent and offer explanation as to why they should not be directed to execute a bond for keeping good behaviour with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.16172 of 2022:

The summons reads that the Inspector of Police, Paramakudi Taluk Police Station, sent an information stating that the petitioners are 8/46

involved in criminal activities causing breach of peace. On that ground, they were directed to appear before the first respondent and offer explanation as to why they should not be directed to execute a bond for keeping good behaviour with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.18301 of 2022:

The summons reads that the Inspector of Police, Tenkasi Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.18302 of 2022:

The summons reads that the Inspector of Police, Tenkasi Police 9/46

Crl.O.P.(MD)No.18303 of 2022:

10/46

Crl.O.P.(MD)No.18304 of 2022:

Crl.O.P.(MD)No.18305 of 2022:

11/46

Crl.O.P.(MD)No.18337 of 2022:

Crl.O.P.(MD)No.18338 of 2022:

12/46

Crl.O.P.(MD)No.18339 of 2022:

Crl.O.P.(MD)No.18340 of 2022:

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Crl.O.P.(MD)No.18341 of 2022:

The summons reads that the Inspector of Police, Shenkottai Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.18648 of 2022:

The summons reads that the Inspector of Police, Sankarankovil Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

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Crl.O.P.(MD)No.18649 of 2022:

Crl.O.P.(MD)No.18650 of 2022:

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Crl.O.P.(MD)No.18651 of 2022:

Crl.O.P.(MD)No.18652 of 2022:

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Crl.O.P.(MD)No.18653 of 2022:

Crl.O.P.(MD)No.19104 of 2022:

The summon reads that because of dumbing of garbage near a park area trouble has arisen between 'A' party and 'B' party. Therefore, information has been received from the Inspector of Police, Tirunelveli Taluk Police Station, that they may cause breach of peace in that locality. On that ground, they were directed to appear before the first respondent and offer explanation as to why they should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the 17/46

requirement of law.

Crl.O.P.(MD)No.19456 of 2022:

The summon reads that trouble has arisen between two groups of people over the damage to temple idol. Similarly, when fencing was proposed by one of the parties, another party, interferes and causes trouble. Because of the above said group rivalry, apprehending breach of peace, the Inspector of Police, Manoor Police Station, has sent an information to the first respondent. On that ground, they were directed to appear before the first respondent and offer explanation as to why they should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law. Crl.O.P.(MD)No.19554 of 2022:

The summon reads that the petitioner is involved in petty offences. So information has been received from the Inspector of Police, Shenkottai Police Station that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to 18/46

appear before the first respondent and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law. Crl.O.P.(MD)No.20163 of 2022:

The summon reads that there was a group rivalry between 'A' party and 'B' party over the business in Sankarankovil main Road. Because of the above said rivalry, apprehending breach of peace in that locality, the Inspector of Police, Manoor Police Station, sent an information. On that ground, they were directed to appear before the first respondent and offer explanation as to why they should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.20201 of 2022:

The summons reads that because of the group rivalry between 'A' party and 'B' party, apprehending breach of peace in the locality, the 19/46

Inspector of Police, Gangaikondan Police Station, sent an information. On that ground, they were directed to appear before the first respondent and offer explanation as to why they should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.20253 of 2022:

The summons reads that the Inspector of Police, Pattukottai Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.20256 of 2022:

The summons reads that because of the group rivalry between 'A' 20/46

party and 'B' party, apprehending breach of peace in the locality, the Inspector of Police, Gangaikondan Police Station, sent an information. On that ground, they were directed to appear before the first respondent and offer explanation as to why they should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.20411 of 2022:

The summons reads that because of the group rivalry between 'A' party and 'B' party over temple Kumbabishekam issue, apprehending breach of peace in the locality, the Inspector of Police, Palanichettipatti Police Station, sent an information. On that ground, they were directed to appear before the first respondent and offer explanation as to why they should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law. 21/46

Crl.O.P.(MD)No.21837 of 2022:

The summons reads that because of the group rivalry between the Villagers over pooja in Arulmighu Chinnaiah Temple. Over the above said issue, proceedings are pending before the HR & CE Department as well as the Court. Because of the above said rivalry, apprehending breach of peace in the locality, the Inspector of Police, Thirupathur Town Police Station, sent an information. On that ground, they were directed to appear before the first respondent and offer explanation as to why they should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law. Crl.O.P.(MD)No.22282 of 2022:

The summons reads that because of the group rivalry between 'A' party and 'B' party over opening of TASMAC shop in that area, apprehending breach of peace in that locality, the Sub Inspector of Police, Senthamaram Police Station, sent an information. On that ground, they were directed to appear before the first respondent and offer explanation as to why they should not be directed to execute a bond for 22/46

keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.2340 of 2023:

The summon reads that the Inspector of Police, Uthumalai Police Station, sent an information that because of the previous enmity, both 'A' party and 'B' party, are involved in causing breach of peace. On that ground, they were directed to appear before the first respondent and offer explanation as to why they should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.3265 of 2023:

why he should not be directed to execute a bond for keeping good behaviour for six months. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.3514 of 2023:

The summons reads that the Inspector of Police, Palayamkottai Police Station, sent an information that the petitioner was found standing near VOC park on 10.02.2023 at about 10.30 a.m. without proper reason. On enquiry it was found that he was involved in Crime Nos.964/2013, 301/2014, 302/2014, 124/2019 and also he is a history sheeted person in H.S.No.323 of 2014. On that ground, he was directed to appear before the first respondent and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour for one year along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law. Crl.O.P.(MD)No.3745 of 2023:

The Inspector of Police, Paramakudi Police Station, sent an 24/46

information that enmity exists between the two community people over celebration of temple festival. Therefore, on the apprehension of breach of peace, he has sent an information. On that ground, they were directed to appear before the Revenue Divisional Officer and offer explanation as to why they should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law. Crl.O.P.(MD)No.3283 of 2023:

The summons reads that the Inspector of Police, Valliyoor Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour for one year along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

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Crl.O.P.(MD)No.3793 of 2023:

The summons reads that the Inspector of Police, Sankarankovil Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour for one year along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.4079 of 2023:

The summon reads that 25 families belonging to one particular community, living in that area in Indira Colony. Among the above said 25 families, 19 families belongs to Hindu religion. 6 families were belongs to Christian religion. Over the construction of compound wall in Selvamariamman Temple area, trouble arises between these two groups of people, which indicates breach of peace in that area. Therefore, the Inspector of Police, Karivalamvandhanallur Police Station, sent an information. On that ground, they were directed to appear before the 26/46

Revenue Divisional Officer and offer explanation as to why they should not be directed to execute a bond for keeping good behaviour for one year along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.4636 of 2023:

The summons reads that the Inspector of Police, Pazhavoor Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent and offer explanation as to why he should not be directed to execute a bond for six months for keeping good behaviour along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.4829 of 2023:

The summons reads that the Inspector of Police, Sernthamaram Police Station, sent an information stating that the petitioner is involved 27/46

in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour for one year. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.4836 of 2023:

The summon reads that the Inspector of Police, Ayyapuram Police Station, sent an information that among the very same community two groups of people causing trouble to each other. And also involved in activities causing breach of peace. On that ground they were called upon by arraying as 'A' party and 'B' party for enquiry and to offer explanation as to why they should not be directed to execute a bond for keeping good behaviour for one year along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

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Crl.O.P.(MD)No.4933 of 2023:

The summon reads that the Inspector of police, Singampunari Police Station, sent communication stating that 'A' and 'B' party continuously engaged in causing disturbances and trouble to each other over a land issue and several cases in Crime Nos.28/2018, 217/2021, 32/2022, 55/2022, have been registered against each other and also involved in activities causing breach of peace. On that ground they were called upon by arraying as 'A' party and 'B' party for enquiry and to offer explanation as to why they should not be directed to execute a bond for keeping good behaviour for one year along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law. Crl.O.P.(MD)No.6082 of 2023:

keeping good behaviour for six months along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law. Crl.O.P.(MD)No.6084 of 2023:

The summons reads that the Inspector of Police, Valliyoor Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent for enquiry and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour for six months along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law. Crl.O.P.(MD)No.6087 of 2023:

explanation as to why he should not be directed to execute a bond for keeping good behaviour for six months along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law. Crl.O.P.(MD)No.6100 of 2023:

The summons reads that the Inspector of Police, Valliyoor Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent for enquiry and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour for six months along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law. Crl.O.P.(MD)No.6233 of 2023:

The summons reads that the Inspector of Police, Watrap Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace and he is also having a 31/46

previous case in Crime No.25 of 2022. On that ground, he was directed to appear before the first respondent for enquiry at a specified date and time. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law. Crl.O.P.(MD)No.6306 of 2023:

The summon reads that the Inspector of Police, Melur Police Station, sent an information stating that the parties are continuously engaged in causing trouble to each other and also involved in activities causing breach of peace. On that ground they were called upon by arraying as 'A' party and 'B' party for enquiry and to offer explanation as to why they should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law. Crl.O.P.(MD)No.6477 of 2023:

Information has been received from the Inspector of Police, South Police Station, Thoothukudi, stating that 'A' and 'B' party are continuously engaged in causing trouble to each other and also involved 32/46

in activities causing breach of peace. On that ground they were called upon by arraying as 'A' party and 'B' party for enquiry and to offer explanation as to why they should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.6692 of 2023:

Information has been received from the Inspector of Police, Arumuganeri Police Station, stating that 'A' and 'B' party are continuously engaged in causing trouble to each other due to the previous enmity over the land and house dispute and also involved in activities causing breach of peace. On that ground they were called upon by arraying as 'A' party and 'B' party for enquiry and to offer explanation as to why they should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

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Crl.O.P.(MD)No.7419 of 2023:

The summons reads that the Inspector of Police, Sankarankovil Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent for enquiry and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour for one year along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.7884 of 2023:

Information has been received from the Inspector of Police, Sivalaperi Police Station, stating that there is a group rivalry between the 'A' and 'B' parties over establishment of Paddy Procurement Centre and Community Hall and also involved in activities causing breach of peace. On that ground they were called upon by arraying as 'A' party and 'B' party for enquiry and to offer explanation as to why they should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does 34/46

not satisfy the requirement of law.

Crl.O.P.(MD)No.7893 of 2023:

Information has been received from the Inspector of Police, Marthandam Police Station, stating that over uses of speaker in a church continuous trouble exists between the parties and they also involved in activities causing breach of peace. On that ground they were called upon by arraying as 'A' party and 'B' party for enquiry and to offer explanation as to why they should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.8136 of 2023:

Information has been received from the Inspector of Police, Vijayanarayanam Police Station, stating that there is a continuos trouble exists between the parties and they also involved in activities causing breach of peace. On that ground they were called upon by arraying as 'A' party and 'B' party for enquiry and to offer explanation as to why they 35/46

should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law. Crl.O.P.(MD)No.9352 of 2023:

The summons reads that the Inspector of Police, Sankarankovil Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent for enquiry and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour for one year along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.9619 of 2023:

Information has been received from the Inspector of Police, Panakudi Police Station, stating that there is a continuos trouble exists between the parties and they also involved in activities causing breach of peace. On that ground they were called upon by arraying as 'A' party and 36/46

'B' party for enquiry and to offer explanation as to why they should not be directed to execute a bond for keeping good behaviour. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.9689 of 2023:

Information has been received from the Inspector of Police, Moondradaippu Police Station, stating that there is a continuos trouble exists between the parties and they also involved in activities causing breach of peace. On that ground they were called upon by arraying as 'A' party and 'B' party for enquiry and to offer explanation as to why they should not be directed to undergo proceedings under Section 107 Cr.P.C. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law. Crl.O.P.(MD)No.10220 of 2023:

directed to appear before the first respondent for enquiry and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour for one year along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.10293 of 2023:

The summons reads that the Inspector of Police, Dhalavaipuram Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace and he is a history sheeted person in H.S.NO.128/2013 and had already involved in Crime Nos. 261/2012, 340/2012. On that ground, he was directed to appear before the first respondent for enquiry and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour for one year along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

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Crl.O.P.(MD)No.10008 of 2023:

The summons reads that the Inspector of Police, Dhalavaipuram Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent for enquiry. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.10021 of 2023:

The summons reads that the Inspector of Police, Dhalavaipuram Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace and he is a history sheeted person in H.S.NO.125/2013 and had already involved in Crime Nos. 261/2012, 340/2012. On that ground, he was directed to appear before the first respondent for enquiry. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

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Crl.O.P.(MD)No.10033 of 2023:

The summons reads that the Inspector of Police, Dhalavaipuram Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent for enquiry. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.10036 of 2023:

The summons reads that the Inspector of Police, Dhalavaipuram Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace and he is a history sheeted person in H.S.NO.121/2013 and had already involved in Crime No. 261/2012. On that ground, he was directed to appear before the first respondent for enquiry. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

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Crl.O.P.(MD)No.10042 of 2023:

The summons reads that the Inspector of Police, Dhalavaipuram Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace and he is a history sheeted person in H.S.NO.124/2013 and had already involved in Crime Nos. 261/2012, 340/2012. On that ground, he was directed to appear before the first respondent for enquiry and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour for one year along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.10045 of 2023:

The summons reads that the Inspector of Police, Dhalavaipuram Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent for enquiry. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

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Crl.O.P.(MD)No.10883 of 2023:

The summons reads that the Inspector of Police, Sivalaperi Police Station, sent an information stating that the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent for enquiry and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour for one year. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.10861 of 2023:

Information has been received from the Inspector of Police, Tiruchendur Taluk Police Station, stating that 'A' and 'B' parties are continuously engaged in causing of breach of peace during the Vaigasi Vishagam festival in that area. Because of the above said issue they are continuously involved in criminal activities causing breach of peace. On that ground they were called upon by arraying as 'A' party and 'B' party for enquiry and to offer explanation as to why they should not be directed to execute a bond for keeping good behaviour for one year. Except the 42/46

above information no other material has been enclosed or found, which does not satisfy the requirement of law Crl.O.P.(MD)No.11568 of 2023:

Information has been received from the Inspector of Police, Sivanthipatti Police Station, stating that 'A' and 'B' parties are continuously engaged in causing breach of peace, claiming rival interest over the property situated in S.F.Nos.162/3, 161/2 in Krishnapuram Village. Because of the above said issue they are continuously involved in criminal activities causing breach of peace. On that ground they were called upon by arraying as 'A' party and 'B' party for enquiry and to offer explanation as to why they should not be directed to execute a bond for keeping good behaviour for one year. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

Crl.O.P.(MD)No.11864 of 2023:

The summons reads that the Inspector of Police, Karivalamvanthanallur Police Station, sent an information stating that 43/46

the petitioner is involved in criminal activities causing breach of peace. On that ground, he was directed to appear before the first respondent for enquiry and offer explanation as to why he should not be directed to execute a bond for keeping good behaviour for one year along with two sureties. Except the above information no other material has been enclosed or found, which does not satisfy the requirement of law.

4. In view of the above said statement of law, the summons that was issued by the Revenue Divisional Officer, are not satisfied the requirement of law, on this sole ground, all the petitions are liable to be allowed. However, liberty is granted to the competent authority to initiate action in proper manner by following due process of law, if still the breach of peace apprehended at the hands of these petitioners.

5. With the above said liberty, all the petitions are allowed and the summons issued by the Revenue Divisional Officers, in all these petitions are hereby quashed. Consequently, connected miscellaneous petitions are closed.

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NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Sub Divisional Administrative Magistrate, cum Revenue Divisional Officer, Tirunelveli.

2.The Inspector of Police, Seevalaperi Police Station, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 25.07.2023 46/46