In Re: A. Govindaswamy and Others

Panchapakesa Ayyar, J.—The petitioners have been sentenced u/s 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 u/s 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 drunkards incapable of taking care of themselves and people guilty of riotous,

disorderly or indecent behavior 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 u/s 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 payment till 3 p.m. on 14th August, 1949.

There was no justification in the circumstances of this case to take bonds u/s 106, Criminal Procedure Code from any of the petitioners none of

whom had any antecedents of crimes involving a breach of the peace and all of whom had acted in sudden heat of passion on finding their fellow-

workers refusing to join the strike and persisting in going on working. The bonds are cancelled.