ANTHONIAMMAL Vs. STATE

JUDGEMENT

(1.) This Revision Petition filed under Sections 397 & 401 of the Criminal Procedure Code, is directed against the Order dated 14.8.2008, in C.M.P. No. 24 of 2008 in S.C. No. 155 of 2008, on the file of the Assistant Sessions Court, Sankari. The said Petition in C.M.P. No. 24 of 2008 was filed by the Petitioners under Section 227, Cr.P.C., to discharge them from the case on the ground that no prima facie case is made against them.

(2.) The Respondent Police registered a case against the Petitioners in Crime No. 221 of 2007, for alleged offences under Section 3 of the Tamil Nadu Public (Prevention of Damages and Loss) Act (PPD Act) and Section 506(ii), I.P.C., on the basis of Complaint given by one Subramani, who was the President of the Village Panchayat.

(3.) The case of the Prosecution is that the Village Panchayat had provided a bore well in the village for the public and the underground pipeline was laid in the land of one Palanisamy, who sold the land to the husband of the First Petitioner. It is stated that the First Petitioner sought for providing separate connection to her house, which is said to have been refused and therefore, she demanded for removal of the underground pipeline. It is alleged that on 9.9.2007, the First Petitioner caused damage to the pipeline, which was reported to the Panchayat Clerk and on 11.9.2007, the Complainant-Subramani, Panchayat President, the Vice-President of the Panchayat and the Panchayat Clerk went to the spot and questioned the First Petitioner as to who damage the pipeline. It is further the case of the prosecution that the First Petitioner stated that she damaged the pipeline and would cause further damage, if it is required. It is alleged that during the said time, the Petitioners 2 & 3 intimidated the Complainant with dire consequences.