ORDER

This Criminal Original Petition has been filed, to call for the records and quash the proceedings as against the Petitioner in Crime No.815 of

2020, pending on the file of the first respondent.

2. The brief facts of the case is that the second respondent has suo motu registered a case in Crime No.815 of 2020 against the petitioner for the offence punishable under Sections 188 and 270 of IPC. The allegation in the complaint against the petitioner is that on 04.05.2020, when the Sub-Inspector of Police, Ranipet Police Station, Vellore District, accompanied with two other policemen were on patrol duty to see whether anyone was violating the Section 144 Cr.P.C issued by the Central and State Government to prevent the spread of the Corona, the petitioner was found roaming near Ammoor Bazar Road, when the respondent had enquired the petitioner, he has not stated any reasons. Based on the complaint given by the Sub-Inspector of Police, a case in Crime No.815 of 2020 was registered for the offence punishable under Sections 188 and 270 of IPC.

3. The learned counsel appearing for the petitioner would submit that the petitioner applied for passport seeking job in abroad. When the case is pending, it came to notice of this Court that because of the pendency of the case, enquiry of the Passport Officer is kept pending. He would further submit that the respondent cannot straight away registered the case under Sections 188 and 270 of IPC and there is no material to show that the petitioner had intentionally come out to spread infection to others. He would further submit that the Government has also issued orders directing the withdrawal of cases registered during Covid-19 pandemic period and the withdrawal cases have registered for violation of Covid-19 pandemic rules.

4. The learned counsel appearing for the petitioner would further submit that the facts of the case are similar to the case covered in the decision reported in 2018 2 LW (Crl) 606 [Jeevanandham and others Vs The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and in Sri Raja Vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and other in Crl.O.P(MD).No.7922 of 2019 etc batch dated 30.08.2019.

5. The learned counsel for the petitioners would further submit that in a similar circumstances, the Madurai Bench of this Court had allowed the petitions and quashed the proceedings in the following cases:-

(i) C.Manikandan Vs The Sub-Inspector of Police, Thoothukudi District made in Crl.O.P(MD).No.9150 of 2021 dated 12.07.2021.

(ii) Prakash Vs The Inspector of Police, Madurai and another made in Crl.O.P(MD).No.8657 of 2021 dated 13.07.2021.

(iii) Astile Sebas Vs The Sub Inspector of Police, Kanyakumari District and another made in Crl.O.P(MD).No.4819 of 2021 dated

19.07.2021.

(iv) S.Rajendran Vs The Inspector of Police, Madurai District and another made in Crl.O.P(MD).No.9724 of 2021 dated 22.07.2021.

(v) Vijaya Vs The Inspector of Police, Madurai District and another made in Crl.O.P(MD).No.10172 of 2021 dated 29.07.2021.

(vi) Rajan Vs The Sub Inspector of Police, Tirunelveli District made in Crl.O.P(MD).No.10926 of 2021 dated 09.08.2021.

(vii) Ranjith Vs The Inspector of Police, Madurai and another made in Crl.O.P(MD).No.11003 of 2021 dated 10.08.2021.

6. The learned Additional Public Prosecutor appearing for the respondents would submit that the petitioner was found loitering in his two wheeler on 04.05.2020 during Covid-19 pandemic/lockdown period, in defiance the Standard Operating Procedure (SOP) issued by the Central and State Government. He would further submit that the facts of this case are covered under the Judgment referred to above.

7. Heard both sides and perused the materials available on record.

8. In the Judgment reported in 2018 2 LW (Crl) 606 [Jeevanandham and others Vs The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018, it has been held that the police has no right to file a