D. SILUVAI VENANCE Vs. STATE

JUDGEMENT

(1.) The petitioner, a Secondary Grade Teacher working in a Government Higher Secondary School, has been slapped with a First Information Report in Crime No.175 of 2020, on the file of the Koodankulam Police Station, Tirunelveli District. The petitioner, who is arrayed as fifth accused in the aforesaid crime number, filed this petition to quash the proceedings pending against him.

(2.) The case in Crime No.175 of 2020 was registered by the respondent Police on the complaint of the Sub-Inspector of Police, Koodankulam Police Station, as against this petitioner and four others for the offence under Section 12 of the Tamil Nadu Gaming Act, 1930 (hereinafter referred to as "the Act"). The case of the prosecution is that the complainant, on his rounds along with two other Constables on 05.06.2020, around 06.30 pm, near Kaduthula Junction, found the petitioner and four others playing cards near a thorny bush and therefore, he arrested the accused, recovered the cards and money and registered the case for the offence under Section 12 of the Act.

(3.) The case of the petitioner is that since the Schools have been closed, due to the present COVID-19 pandemic, he went to his native village and met his friends in the village. On 05.06.2020, he visited the farm land of his friend near Kaduthula Junction in Vijayapathi Panchayat and since all the friends meet after a long time, they chose to play cards in the said farm land. The petitioner did not participate in the game, but was a mute spectator and around 07.30 pm, the respondent Police suddenly entered into the farm land and apprehended the petitioner and his friends and registered the case.