COMMON O RDER

All these petitions are filed seeking quashment of the proceedings initiated under Section 107 of Cr.P.C. against these petitioners.

1.Crl.O.P.(MD) No.21560 of 2018:-

The case of the petitioner is that the 2nd respondent herein sent a proposal to the 1st respondent to initiate action against the petitioner under Section 111 of Cr.P.C., based upon which, the notice under Section 113 of Cr.P.C. has been issued on 30.11.2018 stating that the petitioner is involved in Crime No.1022 of 2012 for the offences punishable under Sections 147, 148, 448, 294(b), 307, 366, 324 and 506 (ii) of IPC and in Crime No.1037 of 2012 for the offences punishable under Sections 341, 294(b), 307 and 506(ii) of IPC.

2.Since there is a likelihood of breach of peace among the public, due to the conduct of the petitioner, proceedings under Section 107 of Cr.P.C have been initiated against him and he was directed to appear before the Enquiry Officer and execute a bond for a sum of Rs.50,000/-. Challenging this notice, this petition is filed mainly on the ground that there is no application of mind on the part of the 1st respondent as to the facts and circumstances of the case and the subjective satisfaction of the 1st respondent before initiating the proceedings. There was no complaint against the petitioner by the local people. During the relevant time, the petitioner was in Puzhal Jail, Chennai to see his paternal uncle, who was confined in the said Jail. No substance of the information has been mentioned in the proceedings. In one case, the petitioner was acquitted and only one other case is pending. 2.Crl.O.P.(MD) No.9333 of 2020:-

The case of the petitioners is that the petitioners and 40 other persons, who belongs to SC/PL community, resided at Sathirapatti Village. The allegation of the prosecution is that the petitioners and others tried to enter into the Angalaeswari Amman Temple, Tiruvengadam, which belongs to the other community people and because of the opposition of other community people, a case in Crime No.40 of 2020 has been registered against this petitioners and others for the offence under Section 107 of Cr.P.C. by the 2nd respondent. So, on the basis of the proceedings, a recommendation has also been sent to the 1st respondent to initiate the proceedings, upon which, the impugned proceeding has been initiated and the impugned notice dated 01.06.2020 has been issued, directing the petitioners to attend the enquiry.

2.Challenging the aforesaid notice, this petition is filed mainly on the ground that there is absolutely no subjective satisfaction on the part of the 1st respondent before initiating the proceedings. The aforesaid temple belongs to all community people surrounding this villages. In respect of the construction of Kalyana Mandapam, the dispute arose between the parties. So, a peace committee meeting was held on 06.02.2020 before the Tahsildar, Thiruvengadam, in which, it was decided to stop the construction work.

3.Further, the petitioners were not permitted to participate in the Shivarathiri Festival. In respect of the dispute between the parties, two FIRs have been registered in Crime Nos.34 and 40 of 2020 arraying the parties as 'A' and 'B'. No proceeding has been initiated against the other community people, who are arrayed as 'B' party in the aforesaid FIRs.

3.Crl.O.P.(MD) No.3065 of 2021:-

The case of the petitioner is that he is the contestant of the local body election that took place recently and he was not involved in any criminal case so far. However, the proceeding under Section 107 of Cr.P.C has been initiated by the 1st respondent, on the basis of the information furnished by the 2nd respondent and the 1st respondent issued the impugned notice under Section 110 Cr.P.C, directing the petitioner to execute a bond for good behavior for a sum of Rs.50,000/- as per Section 110 of Cr.P.C. The petitioner involved in Crime No.2020 of 2020 on the file of the 2nd respondent herein for the offence punishable under Sect