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In Re: Annamalai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Reported in(1969)1MLJ387
AppellantIn Re: Annamalai
Cases ReferredIn Natarajan v. State
Excerpt:
- .....to pay a. fine of rs. 10. the only point argued is that a tea-shop cannot be said to be a public place. ' public place ' is defined in section 3 of the act as meaning a place including a road, street or way, whether a throughfare or not, and a landing place to which the public are granted access or have a right to resort or over which they have a right to pass. in mangubhai v. emperor a.i.r. 1930 bom. 369, a hotel has been held to be a place-to which the public are permitted to have access. in the crown prosecutor v. moonooswamy i.l.r. (1910) mad. 83, an arrack-shop has been held to be a public place within the meaning of section 75. in natarajan v. state (1963) m.w.n.172, a barber's saloon has been held to be a public place, as defined in section 3 of the city police act. there.....
Judgment:

A. Alagiriswami, J.

1. The petitioner has been convicted by the Special First Class Magistrate, Shevapet, under Section 75 of the Madras City Police Act, for having been guilty of indecent behaviour in a public place, that is a tea-shop and sentenced to pay a. fine of Rs. 10. The only point argued is that a tea-shop cannot be said to be a public place. ' Public place ' is defined in Section 3 of the Act as meaning a place including a road, street or way, whether a throughfare or not, and a landing place to which the public are granted access or have a right to resort or over which they have a right to pass. In Mangubhai v. Emperor A.I.R. 1930 Bom. 369, a hotel has been held to be a place-to which the public are permitted to have access. In the Crown Prosecutor v. Moonooswamy I.L.R. (1910) Mad. 83, an arrack-shop has been held to be a public place within the meaning of Section 75. In Natarajan v. State (1963) M.W.N.172, a barber's saloon has been held to be a public place, as defined in Section 3 of the City Police Act. There is no doubt that a tea shop is a place to which the public can have access and they have a right to resort to a tea-shop and the keeper of the tea-shop cannot exclude any person who comes-to his hotel to be served refreshments. It is, therefore, quite clear that the tea-shop in this case would be a public place and consequently it should be held that the petitioner has been rightly convicted for having behaved indecently in a public place.

2. The Criminal Revision Case is, therefore, dismissed.


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