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1949 Supreme(Mad) 237

PANCHAPAKESA AYYAR


Advocates:
N.S. Mani for Messrs. Row and Reddy for Petitioners.
The Crown Prosecutor (S. Govind Swaminathan) for the Crown.

Order

The petitioners have been sentenced under section 75 of the City Police Act to undergo three weeks rigorous imprisonment each for behaving in a riotous disorderly or indecent manner and have also been directed to execute bonds themselves for Rs. 50 each with one surety for Rs. 50 each for six months after release under section 106, Criminal Procedure Code. Mr. Mani for the petitioners, urged that section 75 would apply only to persons guilty of riotous, disorderly or indecent behaviour as a result of being drunk, and not as here without being drunk and in a perfectly sober mood. I cannot agree. Section 75 punishes both drunkkards incapable of taking care of themselves and people guilty of riotous, disorderly or indecent behaviour in any public place etc. like these petitioners. The petitioners abused in filthy and indecent language the loyal workers and behaved in a riotous, disorderly and indecent fashion in a public place and were rightly convicted under section 75. But considering all the circumstances I modify the sentences to the periods of imprisonment already undergone and a fine of Rs. 15 each or in default further rigorous imprisonment for a week each. Time for paymen



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