JUDGMENT :

(Prayer: Petition filed under Article 482 of the Criminal Procedure Code to call for the records in Crime No.175 of 2020, on the file of the Koodankulam Police Station, Tirunelveli and quash the same, insofar as the petitioner is concerned.)

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.

4. Mr.L.P.Maurya, learned Counsel for the petitioner would contend that the place mentioned in the First Information Report is neither a common area, as per Section 3 of the Act, nor it can be termed as a public street, place, as contemplated under Section 12 of the Act, however, the respondent Police has registered the case as against this petitioner and others.

5. The learned Counsel for the petitioner would further submit that in order to attract the offence under Section 12 of the Act, the alleged offence ought to have been committed in a public place. But, admittedly, even according to the respondent Police, it was near a thorny bush, the petitioner and others played the cards. The premises, in which the search and seizure was made, is a farm land of the petitioner’s friend in Vijayapathi Panchayat and the same cannot be brought within the purview of Section 12 of the Act. Moreover, the petitioner is only a mute spectator, accompanied his friends at the time of occurrence and he has also been unnecessarily arrested and roped-in as an accused.

6. In support of his contention, the learned Counsel has relied upon the following decisions of this Court:

(i) Naina Mohamed and others v. Inspector of Police, Keelakarai Police Station, Ramanathapuram District and another, in Crl.OP.(MD)No.7087 of 2017, dated 25.10.2019.

(ii) M.James Arockia Samy v. The Inspector of Police, Aaravayal Police Station, Devakottai Taluk, Sivagangai District, in Crl.OP.(MD)No.11917 of 2015, dated 22.10.2018.

(iii) D.Kannan v. The Inspector of Police, Thirupuvanam, Sivagangai District, in Crl.OP.(MD)No.1573 of 2015, dated 04.02.2015.

7. Per contra, Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor submits that the accused persons were playing cards with stakes and there is a legal presumption under Section 6 of the Act that the persons found gaming with cards in any place are presumed to be playing in a common gaming house. Moreover, the case is only at the stage of FIR and the petitioner and others were arrested by the respondent Police along with cards and money. Therefore, it is not prop