P PRAGASAM Vs. STATE

JUDGEMENT

(1.) ON 19. 1. 1989 Rev. Father S. Peter,head Master of St. Mary' 's high School, Karaikkal received an anaonymous letter threatening him that on 20. 11. 1989 there would be a bomb blast in the High School premises. ON this a complaint was registered by the police, on the same day for the offence under sec. 506, Part II, I. P. C. against Somanathan the first accused, since the handwriting in the letter was found to be identical with that of his. During the course of investigation the Headmaster as well as two teachers of the High school and two other persons were examined and their statements were recorded. Some eight months later, on 14. 10. 1989 the said Somanathan was arrested and he gave a confession statement that he wrote the said anonymous letter at the instigation of the present petitioner Mr. Prakasam. Thereupon, on 18. 10. 1989 the respondent-Inspector of Police, Karaikkal filed a charge sheet in C. C. No. 3 of 1990 before Judicial First Class Magistrate, Karaikkal alleging that on 19. 1. 1989 both the accused in furtherance of their common intention criminally intimidated the Headmaster with death and destruction of property by bomb threat through an anonymous letter and thereby they have committed an offence punishable under Sec. 506, Part II, I. P. C. In this petition second accused prakasam seeks to quash the charge against him stating that he has been falsely implicated on account of his challenging the acts of the management through writ petitions in the High Court.

(2.) THIRU Karpagavinayagam, learned counsel for the quash petitioner submits that the materials collected by the investigating agency who filed the charge sheet do not reveal any offence against the petitioner. All the five witnesses do not refer anything about the petitioner. The alleged confession given by the said Somanathan does not lead to any recovery and as such the confession statement is inadmissible in law. As such, the charge sheet has been filed against the petitioner without any legal evidence and so the proceedings are liable to be quashed.