O R D E R

The first petitioner herein is a President of Hindu Makkal Katchi whereas the second respondent is the driver of the vehicle which was driven by him on the day of alleged offence.

2. According to prosecution, on 05.04.2019, when the Sub-

Inspector of Police and his police party while on duty in order to oversee the implementation of Code of Conduct in Tenkasi Parliament Reserve Constituency No.37, at about 6.30 p.m., they found accused No.1 in a vehicle at Madasamy Koil Street in a Tempo van bearing registration no. TN 66 W 8950 being driven by the petitioner No.2/accused no.2. They were canvassing in respect of seeking vote for their political party. The police have enquired the driver and he has informed that there was no prior permission from the Assistant Election Officer thereby violated the Code of Conduct. The vehicle was seized and handed over to the police. Subsequently, investigation was completed and charge sheet was also filed on 30.04.2019 alleged that the petitioners have committed offence under Section 4AA(1-a) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.

3. It is submitted by learned counsel for the petitioners that even if entire charge